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(영문) 창원지방법원통영지원 2017.11.07 2017가단4538
매매대금
Text

Defendants jointly and severally liable to the Plaintiff KRW 79,247,139, and Defendant A with respect thereto from August 8, 2017; and Defendant B from August 8, 2017.

Reasons

1. On February 27, 2017, the Plaintiff supplied ready-mixeds equivalent to KRW 133,048,047 according to the order of ready-mixed with Defendant Co., Ltd. by May 25, 2017, and Defendant B, at the time of the above order of ready-mixed, guaranteed the Defendant A’s obligation to pay back-mixeds to the Plaintiff at the time of the above order of ready-mixeds, by adding up the respective descriptions in subparagraphs 1, 2, and 3 and the entire arguments.

The Defendants are jointly and severally liable to pay to the Plaintiff the remainder 79,247,139 won after deducting KRW 53,80,908 that the Plaintiff was paid from 133,048,047,047 (i.e., KRW 133,048,047 - 53,80,908) and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 8, 2017 following the delivery date of a copy of the complaint to the day of full payment.

2. Defendant B’s assertion argues that Defendant B merely entered into a contract with Defendant A, and did not enter into a joint and several guarantee contract with the Plaintiff, and that Defendant A paid progress payment to Defendant A.

The facts that Defendant B guaranteed the Defendant A’s obligation to pay the amount of ready-mixed with the Plaintiff are identical to those recognized in paragraph (1). Therefore, the above assertion premised on Defendant B’s failure to assume the joint and several liability against the Plaintiff is not accepted ( even if the Defendant B acted as a defense for the repayment of order, the Defendant B did not prove the assertion regarding the amount of money specifically repaid). 3. If so, the Plaintiff’s claim is based on a conclusion on March 1, 200, it is so decided as per Disposition by the assent of all participating Justices.

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