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Reasons
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(영문) 인천지방법원 2018.05.25 2016가단248102
청구이의
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1. The Incheon District Court against the Plaintiff of the Defendant Sungjin Co., Ltd. (hereinafter “Seoul District Court”) 2015 tea 29307 and Incheon District Court on December 1, 2015.

Reasons

1. Facts of recognition;

A. On March 24, 2015, the Urban Industry Development Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) ordered the supply of ready-mixeds at the construction site in Incheon to the Defendant Sungjin Co., Ltd. (hereinafter “Defendant Sungjin”) around March 24, 2015. From around that time to October 20, 2015, the amount equivalent to KRW 95,823,442 of the price was KRW 95,823,442 of the price, and the price was 6,703,180 of the price was 6,703,180 of the price around November 2015.

B. On November 20, 2015, Defendant Sungjin filed an application with the Incheon District Court for a payment order of the amount of 2015 tea, 29307, 95,823, 442 won against Nonparty Company and the Plaintiff (joint guarantor) for the payment order of the amount of ready-mixed claim, and the payment order was issued on December 1, 2015 jointly and severally from the same court, and the said payment order became final and conclusive.

C. On January 21, 2016, Defendant Sungjin applied for a payment order against Nonparty Company and Plaintiff (joint guarantor) on the amount of payment claim KRW 6,703,180, 2016, Incheon District Court 2016, 1932, 6,703, and 180, and issued a payment order jointly and severally from the same court on January 22, 2016, and the said payment order became final and conclusive on February 12, 2016.

On May 7, 2015, Nonparty Co., Ltd. (hereinafter “Defendant Sungjin Shipping”) ordered the supply of ready-mixeds at the construction site located in Guro-gu Seoul Metropolitan Government to Defendant Sungjin Shipping Co., Ltd. (hereinafter “Defendant Sungjin Shipping”). From May 14, 2015 to October 21, 2015, Nonparty Co., Ltd received from Defendant Sungjin Shipping on credit the amount of 32,304,580 won.

E. On November 20, 2015, Defendant Sungjin Shipping requested the Incheon District Court to issue an order for payment of the above price and the damages for delay against the non-party company and the Plaintiff (joint guarantor) on the part of November 20, 2015 to the non-party company and the Plaintiff (joint guarantor), and issued an order for payment of the above price and the damages for delay from the same court.

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