beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. Nonparty D (hereinafter “Nonindicted Co., Ltd.”) is a company which has subcontracted the construction of reinforced concrete among the construction of a new urban residential housing unit (hereinafter “instant new construction”) in Jin-si, which is the owner of the building by the Defendant from Nonparty D (hereinafter “D”) and the Plaintiff is a ready-mixed company that supplied ready-mixed to Nonparty Co., Ltd., and the Defendant is the owner of the instant new construction project, who is the owner of the instant new construction project, and is a joint and several surety for the payment obligation of construction price to Nonparty Co., Ltd. under a subcontract agreement with Nonparty Co., Ltd.
B. The Plaintiff’s claim against the Nonparty Company has a claim for construction payment calculated at the rate of 20% per annum from May 30, 2015 to the date of delay commencement with respect to the amount of 90 million won and the said amount in accordance with the record of mediation for the claim for the purchase price of goods by Jinwon District Court Branch 2014Da14098, Jinwon Branch.
The non-party company has not paid one percentage so far.
C. The Plaintiff’s claim against D against the non-party company against whom the non-party company was ordered, applied for a seizure and collection order as to the construction price to be paid by the non-party company from the non-party company D, the ordering authority, and filed a claim for collection amounting to KRW 90,743,405, by filing a claim for collection amounting to KRW 2015da8502, Changwon District Court’s Jinju branch, and the Changwon District Court’s Jinwon District Court’s 2015da8502, and the Changwon District Court’s 2016Na60314.
Therefore, the defendant also is jointly and severally liable for the debt of D's construction price to the non-party company, and the limit of liability is equivalent to the amount of the debt that the plaintiff filed against D.
E. As above, the Defendant is jointly and severally liable to pay the construction cost to the non-party company as a joint and several surety of the ordering agency D, and the Plaintiff seized the above claim against the Defendant of the non-party company as Busan District Court Branch Branch of Busan District Court 2017 Taga9110.