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(영문) 대구지방법원 2018.04.27 2017가단19330
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 47,908,09 and the interest rate thereon from July 26, 2017 to the date of full payment.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff is a company that wholesales cement, etc., and Defendant A is a new construction corporation on the ground of racing C (hereinafter “new construction corporation”).

(2) In accordance with the order of the new construction company, the Plaintiff supplied 149,908,09 won to the new construction site from April 23, 2016 to the new construction site of this case, and the Plaintiff supplied 102,00,000 won to the new construction site of this case and was paid 47,908,09 won.

Therefore, the defendant A and the defendant Dae Tro Construction Co., Ltd. are supplied with ready-mixeds, and the defendant B is jointly and severally liable to pay the same money as the purport of the claim to the plaintiff as a joint and several surety.

B. The defendants asserted that the company that supplied ready-mixed is not the plaintiff but D, 50% of the supply price of ready-mixed is paid in cash, and the remaining 50% of the supply price of ready-mixed is agreed to pay the apartment in kind after completion inspection, but the plaintiff is seeking full payment of the apartment after completion inspection. Thus, the defendants' assertion is unjust

C. As to the Defendants’ assertion, the Plaintiff’s Defendants against-finites paid 50% of the amount of ready-mixeds at the end of the month in cash. If the Defendants are unable to comply with such a promise, they would immediately pay the amount of ready-mixeds.

However, since the Defendants did not comply with the settlement terms of 50% of the amount of ready-mixed, the Defendants lost the benefit of time.

2. According to the evidence No. 1 to No. 5 of the board A, the Plaintiff can recognize the fact that the Plaintiff supplied ready-mixed to the Defendants, and the Defendants do not dispute the supply price and the unpaid amount.

The defendants are the defendants.

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