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1. The defendant shall jointly and severally pay to the plaintiff KRW 56,743,00 as well as the full payment from January 31, 2019.
Reasons
1. Around July 7, 2010, the Plaintiff’s judgment on the Plaintiff’s claim entered into a ready-mixed supply contract with the Defendant, a contractor of the F Housing Construction Corporation (hereinafter “instant construction”) and the enforcement company E (hereinafter “E”) jointly and severally guaranteed the Defendant’s obligation to the Plaintiff, and the fact that the Plaintiff supplied ready-mixed amounting to KRW 56,743,000 in total to the instant construction work performed by the Defendant from June 19, 2018 to September 19, 2018 may be recognized if there is no dispute between the parties, or if the purport of the entire pleadings as indicated in the evidence No. 1 to No. 4 was added to the entire purport of the pleadings.
Therefore, the defendant is jointly and severally liable to pay to the plaintiff 56,743,00 won for ready-mixed price and damages for delay calculated by the ratio of 15% per annum from January 31, 2019 to the day of full payment, which is the day following the delivery of the original copy of the payment order in this case.
In this regard, the defendant asserts that the parties to the ready-mixed supply contract are E, and that the ready-mixed is a private material to be supplied to the trial work after purchasing the ready-mixed, so the obligation to pay the ready-mixed price is not the defendant but E.
However, the parties to the ready-mixed Supply Contract (A) do not appear to have any clear statement that they are the Defendant (the Defendant asserts that the said document was prepared in a formal manner to show the bank), but there is no evidence to acknowledge it), and there is no content that the E is supplied with the construction contract document (B No. 1) between the Defendant and E.
Therefore, the defendant's above assertion cannot be accepted.
2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.