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1. Defendant B Co., Ltd.: 36,507,950 won to the Plaintiff and 6% per annum from August 1, 2014 to February 3, 2015.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded an oil supply contract with the Plaintiff on February 10, 2014 (hereinafter “instant contract”) with the Plaintiff on February 10, 2014 for the civil engineering work undertaken in the Go Chang-gun area.
B. At the time of the instant contract, the contract written by the Defendant Limited Company C (hereinafter “Defendant C”) is written as joint and several sureties and the employee seal of the Defendant C is affixed thereto, which is then signed and sealed by the head of the said construction site office.
C. The Plaintiff supplied oil to Defendant B pursuant to the instant contract, but Defendant B did not pay KRW 36,50,950 for the oil supplied in June and July of the same year.
[Grounds for recognition as to Defendant B] Article 208(3)2 (self-consceptation as to Defendant C) of the Civil Procedure Act [Grounds for recognition as to Defendant C] The fact that there is no dispute, the entries in the evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. The defendant B, as the debtor, must pay 36,507,950 won and damages for delay due to the oil payment under the contract of this case as the debtor.
In addition, if the defendant C does not stand joint and several sureties at that time, it was impossible for the defendant C to perform construction works because it was not supplied with oil, and the head of the site office has the responsibility and authority for all acts that occur at the site, and the act of joint and several sureties by the head of the site office of the
Therefore, Defendant C is jointly and severally liable to pay the above oil price and damages for delay.
3. Determination
A. According to the facts as seen earlier, barring any special circumstance, Defendant B’s claim against Defendant B shall be KRW 36,507,950, the unpaid oil payment of KRW 36,50, and the date immediately following the date of the final supply to the Plaintiff and KRW 6% per annum prescribed in the Commercial Act from August 1, 2014 to February 3, 2015, and from the following day to September 30, 2015.