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(영문) 수원지방법원여주지원 2019.03.28 2018가단57518
물품대금
Text

1. The Plaintiff:

A. Defendant C Co., Ltd. shall be KRW 33,612,860, and it shall be from November 1, 2018 to November 15, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a contract for the supply of ready-mixed with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). From June 27, 2018 to September 3, 2018, the Plaintiff supplied ready-mixeds worth KRW 60,612,860 to E at the construction site (hereinafter “instant construction site”).

B. Defendant D jointly and severally guaranteed the Defendant Company’s obligation for the purchase price of ready-mixed goods with the maximum guarantee amount of KRW 30 million to the Plaintiff.

C. The Defendant Company paid the Plaintiff KRW 27,000,000, out of the price of the above ready-mixed goods, and did not pay the remainder of KRW 33,612,860.

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 3 (including paper numbers) and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. According to the above facts as to the cause of the claim, the defendant company is obligated to pay to the plaintiff 3,612,860 won for the remainder of the goods and 6% per annum as stipulated in the Commercial Act from November 1, 2018 to November 15, 2018, the following day after the delivery date of the original copy of the payment order in this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment. The defendant D is jointly and severally liable to pay to the plaintiff as a joint guarantor 30 million won within the maximum limit of the guarantee amount among the above money, and it is deemed reasonable to dispute about the existence or scope of the obligation to be performed by the defendant D from November 1, 2018 to March 28, 2019, and 15% per annum from the following day to the day of full payment.

B. As to the Defendants’ assertion, the Defendants asserted as follows. In other words, even though the Defendant Company completed the external framework construction of the instant construction site, Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”) is the executor.

No work price has been paid by the Corporation.

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