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(영문) 광주지방법원 2018.02.01 2017나58358
물품대금
Text

1. The judgment of the first instance is modified as follows, according to the Plaintiff’s application for intervention in succession by the court.

The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into a contract for the supply of stone, etc. 1) around January 2013, 2013, the Plaintiff and the Defendant supplied aggregate, such as clothes, stone, etc. in Jindo-gun C forest land in Jindo-gun, to the Defendant. The clothes 13,000 won per 1 cubic meter, and 95,000 won per 1 cubic meter, and 1 cubic meter per 1 cubic meter, and the place of delivery of aggregate as the part of the Defendant’s designation of the aggregate (hereinafter “instant contract”).

2) The Plaintiff supplied building stones to the Defendant from February 20, 2013 to June 30, 2013 under the instant contract.

B. The Intervenor’s succession 1) filed a lawsuit against the Plaintiff for the return of the investment amount under the Jeonju District Court’s Military Court’s 2015Kadan5175 against the Plaintiff. On October 13, 2015, the Jeonju District Court rendered a judgment that “the Plaintiff shall pay to the Plaintiff Intervenor the interest of KRW 60,00,000 and the interest rate of KRW 60% per annum from March 29, 2013 to September 1, 2015; and the interest rate of KRW 20% per annum from the next day to the day of full payment; and the above judgment became final and conclusive as it becomes final and conclusive. 2) The Plaintiff’s aforementioned judgment received the Plaintiff’s claim for the collection of KRW 20,00 and KRW 1967, KRW 2017, Gwangju District Court’s 2017Na130301, KRW 3010, KRW 2017 or KRW 305385, etc. (hereinafter referred to the Plaintiff’s collection order.

(3) On November 10, 2017, the Plaintiff Intervenor filed an application for intervention in succession with respect to the part stated in the purport of the claim against the Defendant among the Plaintiff’s claims against the Defendant on November 14, 2017, and the above application for intervention was served on the Defendant on November 14, 2017.

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