logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.12.12 2018가합138
물품대금
Text

1. The defendant shall be jointly and severally with the plaintiff 226,41,590 won and the interest rate thereon from December 27, 2017 to the date of full payment.

Reasons

Basic Facts

The plaintiff is a company that runs the business of manufacturing and selling ready-mixeds, and the defendant is a company that runs the construction business.

The non-party B was the representative director of the corporation E who promoted the new construction project of D apartment (hereinafter referred to as the “instant apartment”) on the land outside C and four parcels in Changwon-si.

On April 6, 2015, the defendant entered into a contract with E on the new apartment construction project of this case.

On May 19, 2015, the Plaintiff entered into a contract with the Defendant to supply ready-mixeds used for the instant new apartment construction (hereinafter “instant contract”) with the Defendant.

The “main document” prepared by the Plaintiff and the Defendant in entering into the instant contract (hereinafter referred to as the “instant order”) contains the following contents, and the “joint guarantor” column was signed and sealed by B.

- / 60,500 / 60,50 / 60,50 - / 56,900 - 56,90 56,900 - The settlement terms (direct payment of financial rights) of the orderer after the end of each month after the end of the payment terms and conditions of the purchase price settlement. However, 50% of the delivery amount is 50% of the loan extended by the joint guarantor after the completion of the construction and payment, provided that 5,00 cubic meters of the supply volume is 5,00 cubic meters of the supply volume to the person in charge of the joint and several sureties, on condition that there may be an increase or decrease in the supply volume, the "payment terms of the purchase price settlement terms" in the instant order was written by G manager of the Defendant, and the remainder was written by the Plaintiff’s employee

From November 19, 2015 to April 1, 2017, the Plaintiff supplied the Defendant with the sum of KRW 371,411,590 (including value-added tax; hereinafter the same shall apply). The Defendant paid KRW 145,00,000 to the Plaintiff.

Since then, the instant apartment was completed, and on November 17, 2017, the registration of preservation of ownership in the name of Co., Ltd. was made on the instant apartment.

【Facts without dispute over the grounds for recognition, and with Gap evidence number 1 through 3 respectively.

arrow