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(영문) 창원지방법원밀양지원 2016.05.24 2015가단4414
물품대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 39,586,90, and Defendant A Co., Ltd. with respect thereto from December 23, 2015.

Reasons

Facts of recognition

The following facts are acknowledged between the Plaintiff and the Defendant A by the overall purport of evidence Nos. 1 and 2, evidence Nos. 3-1 through 4, and the entire purport of pleading, and between the Plaintiff and the Defendant B, it is deemed that the said Defendant led to confession pursuant to Article 150(1) and (3) of the Civil Procedure Act.

On March 8, 2015, the Plaintiff entered into an agreement with Defendant A (hereinafter referred to as “A”) to supply ready-mixeds necessary for building construction works, and Defendant B jointly and severally guaranteed Defendant A’s obligation to pay ready-mixeds price.

The Plaintiff supplied ready-mixed equivalent to KRW 59,586,90 to the Defendant until the end of June, 2015, but did not receive KRW 39,586,90 up to now.

Judgment

According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 39,586,90 won and the amount of delay damages at the rate of 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 23, 2015 to the date of delivery of a copy of the complaint against the defendants.

As to this, Defendant A, as the owner of the building of the above building, was obligated to pay the price of ready-mixed directly to the Plaintiff. However, there is no evidence to acknowledge this, the above assertion is without merit.

Therefore, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.

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