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(영문) 대구지방법원포항지원 2020.04.16 2019가단5350
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 3,634,00 and the interest thereon from October 30, 2019 to the day of complete payment.

Reasons

1. The fact that there is no dispute over the cause of the claim, and following the overall purport of Gap evidence Nos. 1 through 9 (including a provisional number; hereinafter the same shall apply) and the entire pleadings, the plaintiff entered into an order for ready-mixed with the defendant C (hereinafter referred to as "Defendant C") under the joint and several guarantee of defendant C Co., Ltd. (hereinafter referred to as "Defendant D") on April 9, 2019, and the plaintiff supplied ready-mixed equivalent to KRW 36,340,00 to the defendant C from April 9, 2019 to May 17, 2019.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the total sum of KRW 3634,00,000 and damages for delay calculated at the rate of 12% per annum from October 30, 2019 to the date of full payment, which is the day following the date of final delivery of a copy of the instant complaint, as the Plaintiff seeks.

2. First of all, Defendant C’s assertion that the Plaintiff’s claim against Defendant C should be dismissed because Defendant D had paid the amount of ready-mixed with the Plaintiff.

However, there is no evidence to prove that Defendant D exempted Defendant C from the obligation to pay the ready-mixed price on the premise that Defendant D would pay the ready-mixed price. Thus, the above assertion by Defendant C is without merit.

Next, the defendant C asserts that the plaintiff delayed the supply of ready-mixeds, which caused damages to the total amount of KRW 4,613,500 for personnel expenses and equipment, set off against the damage claim equivalent to that amount.

Although there is no evidence to prove the fact that the plaintiff delayed the supply of ready-mixeds, and even if the plaintiff delayed the supply of ready-mixeds, there is no evidence to prove that the damage occurred to the defendant C, as a result, since there is no evidence to prove that the total amount of personnel expenses and equipment costs was incurred, the above assertion by the defendant C is without merit.

Finally, Defendant D asserts that Defendant D had a joint and several surety with knowledge of the customary practice according to the deception of Defendant C’s E.

Defendant D’s assertion.

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