logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.03.27 2014가단41544
물품대금 등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 20,144,960, and Defendant Co., Ltd. from August 1, 2014.

Reasons

1. Basic facts

A. On May 17, 2014, Defendant Echina Co., Ltd. (hereinafter “Defendant Co., Ltd”) ordered the Plaintiff to supply ready-mixeds at the site of the Gansi District E New Housing Construction Corporation (hereinafter “instant construction”) in Gansi District E (hereinafter “instant construction”) and paid the price in cash at the end of the following month.

B. Defendant A, B, C, and D jointly and severally guaranteed the Defendant Company’s obligation to pay the price to the Plaintiff.

C. The plaintiff is the defendant company A.

According to the order of supply of ready-mixed as stated in the port, from May 21, 2014 to June 30, 2014, to the construction site of this case was supplied with ready-mixed at the construction site of this case, and the price is KRW 20,144,960.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through Gap evidence (including partial number), the purport of whole pleadings.

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant Company is the primary debtor who ordered the Plaintiff to pay the price of ready-mixed with the order. Defendant Company A, B, C, and D, as a joint guarantor for the above obligation, is obligated to pay the Plaintiff the price of KRW 20,144,960 as the supply price of ready-mixed with the Plaintiff, and the damages for delay from August 1, 2014, which is the day following the end of June 30, 2014, on which the Plaintiff finally supplied ready-mixed with the Plaintiff, until August 5, 2014, the delivery date of a copy of the complaint in this case, and D, the Defendant Company B, on November 6, 2014; Defendant A, on November 7, 2014; Defendant C, on November 20, 2014; and on January 20, 2015, respectively, by 20% of the annual damages for delay as prescribed by the Civil Act.

B. As to the determination of the Defendant Company’s assertion, the Defendant Company concluded a subcontract for the instant construction work with A, and ordered the Plaintiff to do so. However, the Defendant Company was not liable to pay the price on the ground that the Plaintiff did not use any ready-mixed supplied by the Plaintiff because it was unable to conclude a subcontract.

arrow