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(영문) 의정부지방법원 2015.09.09 2015가합1984
물품대금
Text

1. The Defendant Jinjin Co., Ltd. shall pay to the Plaintiff the full amount of KRW 121,763,796 and its payment from February 13, 2015.

Reasons

If the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1, the plaintiff supplied building-related materials on credit to the defendant Jinjin Industry (hereinafter "the defendant company") from around 2009 and around January 2013 to October 2014. The defendant company, as mentioned above, failed to pay KRW 36,763,796 out of the supply price of building-related materials from around January 2013 to October 2014 (hereinafter "the supply price of building-related materials") to the plaintiff, as well as KRW 36,763,796 out of the supply price of building-related materials from around 209 to around October 2014 (hereinafter "the supply price of building-related materials of KRW 85,00,000,000, the remaining supply price of KRW 36,763,796, Feb. 1, 209).

According to the above facts, barring any special circumstance, Defendant Company is obligated to pay 121,763,796 won (i.e., KRW 36,763,796 won) and damages for delay thereof to the Plaintiff, and it is reasonable to deem that the joint and several guarantee agreement between Defendant B and the Plaintiff was reached between Defendant B and the Plaintiff on the first supply payment obligation by preparing and delivering the above payment note. Thus, Defendant B is jointly and severally liable to pay 85 million won out of the above amount and damages for delay.

On March 13, 2009, the Defendants’ defense of accord and satisfaction with the judgment of the Defendants as to the first supply payment obligation, etc. asserted to the effect that on March 13, 2009, the Defendants paid the first supply payment obligation to the Plaintiff the D Apartment 501 (hereinafter “instant apartment”).

If the purport of the whole argument is added to the statement in the evidence No. 1, the Plaintiff entered into a sales contract on the apartment of this case with the Sejong Construction Industry Co., Ltd. (hereinafter “S. Construction”) on March 13, 2009.

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