(영문) 청주지방법원충주지원 2016.05.12 2015가단8080

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(영문) 청주지방법원충주지원 2016.05.12 2015가단8080

물품대금

Text

1. Defendant B Co., Ltd. shall pay 47,939,200 won to the Plaintiff and 15% per annum from December 5, 2015 to the date of full payment.

Reasons

1. Basic facts

A. From July 2015 to September 2015, the Plaintiff supplied necessary building materials to the construction site of Defendant B Co., Ltd. (hereinafter “Defendant B”) from July 2015, and was issued a written confirmation to the effect that “The amount of unpaid goods as of October 1, 2015 is KRW 47,939,200, and the said amount of unpaid goods is to be repaid by October 16, 2015” (hereinafter “written confirmation”).

B. In the column for failure to pay the certificate of this case, "1.B"

2. It is indicated as representative C, and there is no seal or signature on the side of the defendant B, the name of the defendant C bears the signature of the defendant C, and the resident registration number and address of the defendant C are stated at the bottom.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since there is no dispute as to the claim against Defendant B as to the fact that Defendant B is liable for the payment of the goods unpaid to the Plaintiff according to the instant confirmation, Defendant B is obligated to pay the Plaintiff the above 47,939,200 won and the damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 5, 2015 to the date of full payment, which is obvious that the copy of the application for the instant payment order filed by the Plaintiff was delivered to the Defendant B.

B. The following circumstances recognized based on the above facts of recognition as to the claim against the defendant C, namely, ① the representative of the defendant B, is liable for joint and several liability for the defendant C’s personal liability added to the defendant B’s personal liability, and thus, it is necessary to be careful in recognizing the liability for guarantee. ② Of the letter of confirmation of this case, there is the indication “representative” in front of the name of the defendant C, which is interpreted as signing in the position of the representative of the defendant B. ③

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