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(영문) 서울남부지방법원 2020.01.22 2019가단263718
물품대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 62,949,783 and as a result, from September 1, 2019 to November 13, 2019.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 6, the plaintiff entered into a contract with the defendant Eul Co., Ltd. (hereinafter "the defendant Co., Ltd.") on July 4, 2019 to supply steel at the construction site of the new apartment construction site of the defendant Co., Ltd., and the defendant C jointly and severally guaranteed the plaintiff's obligation to pay the price for the goods of the defendant Co., Ltd. on the same day, and the plaintiff supplied the defendant Co., Ltd. with the aggregate of 80.967 tons from around that time to July 12, 2019, but the plaintiff did not receive KRW 62,949,783 won from the defendant Co., Ltd..., Ltd..., to pay the unpaid price for the goods, barring any special circumstance, the defendants jointly and severally have the obligation to pay the plaintiff the price for the goods at 62,949,783 won and damages for delay from September 1, 2019 to the date following the settlement date.

Defendant Company did not carry out the construction work properly at the above construction site, and agreed on the adjustment and settlement of the construction with Defendant C, the owner of the construction, and the material price is responsible for Defendant C, so it cannot respond to the Plaintiff’s claim. However, there is no evidence to acknowledge this, and it is difficult to view that the Defendant Company, the principal obligor of the goods price, is exempted from the obligation to pay the price to the Plaintiff solely on the above ground.

The plaintiff's claim against the defendants of this case is justified and accepted.

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