logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원속초지원 2019.05.03 2018가단628
물품대금
Text

1. Defendant C Co., Ltd, D, and G shall jointly and severally pay to the Plaintiff KRW 90,234,046 and their full payment from April 3, 2018.

Reasons

1. Claim against Defendant C Co., Ltd, D, and G

A. The facts below the facts are either in dispute between the parties, or in full view of the purport of the entire pleadings as follows: Gap evidence No. 1, Gap evidence No. 2-1 (excluding the part in Defendant E's name), Gap evidence No. 2-2 (excluding the part in Defendant He's name), Gap evidence No. 6, Gap evidence No. 7 (excluding the part in Defendant E's name), and Gap evidence No. 11 (excluding the part in Defendant E's name).

1) The Plaintiff is Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) around March 2017.

(B) the supply of ready-mixeds (hereinafter referred to as the “instant contract”) to supply ready-mixeds necessary for the new construction of multi-households on the first ground of Gangnam Yangyang-gun I.

(2) Defendant D and G jointly and severally guaranteed the Defendant Company’s obligation to pay the goods to the Plaintiff under the instant contract. (2) The Plaintiff supplied ready-mixed to the Defendant Company from March 2017 to December 2017 under the instant contract, but did not receive KRW 90,234,046 out of the amount of the ready-mixed price.

B. According to the above facts of determination, Defendant Company, D, and G are jointly and severally liable to pay to the Plaintiff 90,234,046 won unpaid out of the price of goods under the instant contract and delay damages calculated at the rate of 15% per annum from April 3, 2018 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order.

2. Claims against Defendant E and H

A. Defendant E and H are jointly and severally liable for the payment of the goods to the Plaintiff by the Defendant Company under the instant contract. As such, Defendant E, D, and G are jointly and severally liable to pay the Plaintiff the unpaid amount of KRW 90,234,046, and the delay damages therefrom.

B. The part of the Defendant E’s name among the evidence Nos. 2-1 (Residus Supply Contract), the part of the Defendant H’s name among the evidence Nos. 2-2 (Residus Supply Contract), and the part of the Defendant E’s name among the evidence Nos. 7 (Non-performance Notice).

arrow