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(영문) 창원지방법원통영지원 2019.12.12 2019가단2833
물품대금
Text

1. The Defendant’s KRW 57,759,00 for the Plaintiff and 5% per annum from January 9, 2019 to June 20, 2019.

Reasons

According to the purport of Gap evidence Nos. 1 and 2 and the whole pleadings as to the cause of the claim, according to the purport of Gap evidence Nos. 1 and 2, the plaintiff entered into a contract for the supply of ready-mixed with C on January 19, 2018 and supplied ready-mixed at the construction site located at Dong-si D on December 12, 2018. The amount payable for ready-mixed supplied under the above contract on December 12, 2018 reaches 39,737,000 won. On the same day, the defendant and Eul corporation jointly and severally provided joint and several sureties with respect to the above amount payable and the amount paid for ready-mixed supplied on January 8, 2019; the amount paid for late payment exceeds 57,759,000 won in total. The defendant is obligated to pay to the plaintiff at the rate of 57,759,000 won per annum from the following day to the 20th day of the delivery of a copy of each lawsuit prescribed by the Civil Act.

The defendant's argument regarding the defendant's argument is that the defendant is no longer liable for joint and several liability, since the defendant entered into a contract with F Co., Ltd. and the plaintiff on August 5, 2019 to the above construction site to the effect that the above company is liable for 57,759,000 won payable to the defendant, and the plaintiff is not liable for the defendant's legal liability to the defendant. However, even if the defendant's document No. 1 was written, the other party who decided not to be liable for the plaintiff's legal liability under the above contract's statement is E Co., Ltd. which is not the defendant, and the above evidence alone is insufficient to recognize that the plaintiff exempted the defendant from the joint and several liability, and there is no other evidence to prove otherwise, the defendant's above argument cannot be accepted.

In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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