logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2015.01.14 2014가단4173
물품대금 등
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 26,072,00 as well as the interest rate from July 21, 2014 to the day of full payment.

Reasons

1. It is recognized that the Plaintiff supplied 129,695,302 won in total to Defendant 1 in 2013-2014, and paid 103,623,300 won in total and not yet paid (i.e., KRW 129,695,302 - KRW 103,623,300) remains (i.e., KRW 129,695,302 - Defendant 1 was served with a duplicate of the complaint and did not submit a written response, and that all the Plaintiff’s allegations were led to the confession of all the Plaintiff’s allegations pursuant to Article 150 of the Civil Procedure Act due to the Plaintiff’s absence on the date of pleading). Accordingly, Defendant 1 is obligated to pay the Plaintiff damages for delay at the rate of 20% per annum from July 21, 2014 to the day following the delivery of a duplicate of the complaint.

2. As to the claim against Defendant 2 and 3, the Plaintiff asserts that Defendant 2 and 3 bear the joint and several liability obligations against the above ready-mixed price (hereinafter “instant ready-mixed price”).

Further to the written evidence No. 2 and No. 1, Defendant 1 was in charge of Defendant 2’s factory construction work in Chungcheongnam-si, and only Defendant 2 and 3 supplied for the construction of the above factory, it can be acknowledged that Defendant 1’s joint and several liability for Defendant 1’s payment to the Plaintiff was jointly and severally guaranteed.

However, the plaintiff hear from the representative director E of defendant 1 that the new joint and several surety is affixed to the defendant 2 and 3, and return the original copy of the certificate of evidence No. 2 (contract) stating the above joint and several surety fact to the defendant 2 and 3, and the plaintiff only acknowledged that the defendant 2 and 3 have jointly and severally guaranteed a part of the total supply amount of 129,695,302 won to the defendant 1, but it stated that the part cannot be classified and specified. The plaintiff stated that the amount of payment for the ready-mixed jointly and severally guaranteed by the defendant 2 and 3 among the total payment amount of 103,623,300 won cannot be specified.

arrow