beta
Text
1. Of the instant lawsuit, the part between the Plaintiff and the Defendant C among the instant lawsuit is adjusted as of October 18, 2019 by this Court.
Reasons
1. In the conciliation case No. 2019ss. 89890, this court rendered a compulsory conciliation order against the Plaintiff and the Defendants on October 18, 2019, and the Plaintiff and the Defendant C Co., Ltd were served with each of their original rulings on October 28, 2019, and the facts that both the Plaintiff and the Defendant C Co., Ltd were not filed with the lapse of two weeks from the date of being served with their original rulings are apparent in the record.
According to the above facts, the part between the plaintiff and the defendant C among the lawsuit in this case is terminated by the compulsory mediation decision as it is, and thus, the declaration of termination of the lawsuit is to be made.
2. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1 through No. 9 against Defendant B, the Plaintiff entered into an order for ready-mixed with Defendant B on February 20, 2018, and Defendant C jointly and severally guaranteed the obligation to pay to the Plaintiff by Defendant B. Under the above contract, the Plaintiff supplied ready-mixed amounting to KRW 891,581,680 in total from March 14, 2018 to March 19, 2019. The Plaintiff supplied part of the payment to Defendant B, the remainder of payment remaining after Defendant B’s payment is KRW 154,202,510 in total, and the remainder of payment is KRW 154,202,510 in total, and Defendant B’s payment to the Plaintiff on June 111, 2019 by July 30, 2019.
According to the above facts of recognition, as seen above, Defendant C Co., Ltd. and jointly with Defendant C Co., Ltd., barring special circumstances, the lawsuit was terminated according to the decision in lieu of the instant conciliation.
The Plaintiff is obligated to pay KRW 154,202,510 for the unpaid price and delay damages therefor to the Plaintiff.
In this regard, Defendant B, a corporation, needs to confirm whether the ready-mixed claimed by the Plaintiff was supplied to the actual site, and disputes over whether it was actually supplied or not.