(영문) 청주지방법원영동지원 2019.05.31 2018가단1147

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(영문) 청주지방법원영동지원 2019.05.31 2018가단1147

물품대금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 186,950,89 and Defendant B with respect thereto from December 5, 2018, and Defendant C with respect thereto.

Reasons

1. Basic facts

A. On March 5, 2015, the Plaintiff entered into a contract with Defendant B for the supply of goods with the content that the Plaintiff supplies Egymnas manufactured by the Plaintiff to Defendant B.

On March 5, 2015, Defendant C entered into a joint and several surety agreement with each other on December 31, 2015, which provides that Defendant B shall jointly and severally pay all the obligations to be incurred at present and in the future against the Plaintiff according to the product supply contract.

B. The Plaintiff supplied to Defendant B 40 Egymh 40 vehicles in accordance with the above commodity supply contract. The price is KRW 440 million (including value-added tax) and the payment date is September 10, 2015.

The Plaintiff’s principal balance of the above payments that was not paid by the Defendant B, etc. is KRW 186,950,899.

[Based on the recognition] Defendant B and C: Confession (Article 150(1) of the Civil Procedure Act)

2. Determination

A. According to the facts found in the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of the principal of the Egygian price under the contract for the supply of the said goods, as well as damages for delay thereof.

B. Defendant E’s assertion 1) The assertion that there was no intention to conclude a joint and several surety contract for the above goods supply contract was known to reinforce documents in the form of the real estate offered as a security, and that he did not intend to conclude the above joint and several surety contract. However, if the purport of the entire pleading is added to the statement of evidence No. 1, Defendant E shall jointly and severally perform all the obligations of Defendant B’s present and future obligations against the Plaintiff under the above goods supply contract, the main contents of the above goods supply contract are the goods supply contract.

참조조문

-민사소송법 제150조 제1항

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