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1. Defendant A and jointly with the Plaintiff KRW 51,634,30,00 and the same shall apply to the Plaintiff from October 22, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On January 3, 2014, the Plaintiff entered into an agreement on the supply of ready-mixed (hereinafter “instant agreement”) with B, who operates the furniture store with the trade name C, and between January 7, 2014 and March 21, 2014, the Plaintiff supplied ready-mixed worth KRW 51,634,330 (hereinafter “Defendant Company”) in total at the Dpanion new site where Defendant MN Construction Co., Ltd (hereinafter “Defendant Company”) performs the construction.
B. Defendant A transferred the name of C in the process of the instant contract between B and B.
C. Since then, at the request of B, the Plaintiff issued a tax invoice for the instant ready-mixed transaction in the future of the Defendant Company.
[Based on the recognition] against Defendant A: Confession (Article 150(3) and (1) of the Civil Procedure Act) (Article 150(3) of the Civil Procedure Act): The fact that there is no dispute against the Defendant Company, each entry of evidence Nos. 1 through 3 (including the number, hereinafter the same shall apply), the purport of the entire pleadings
2. The Plaintiff’s assertion is the representative of C and the person in charge of entering into the instant contract. The Defendant Company directly used ready-mixed supplied by the Plaintiff, and even after completing a tax return in accordance with the tax invoice issued by the Plaintiff, the Defendant Company is jointly and severally liable with B to pay the above ready-mixed price to the Plaintiff.
3. Determination
A. The defendant A shall be deemed to have led to the confession of all of the plaintiff's allegations under Article 150 of the Civil Procedure Act against the defendant A.
Therefore, Defendant A, jointly and severally with the Plaintiff, is jointly and severally liable to pay to the Plaintiff 51,634,30 won of the above ready-mixed and damages for delay calculated at the rate of 20% per annum from October 22, 2014 to the day of full payment, as requested by the Plaintiff, from the day following the day of delivery of a copy of the complaint of this case to the day of full payment.
B. The fact that the instant ready-mixed was supplied to the Defendant Company at the new site of the pention that the Defendant Company performed construction, and the Plaintiff supplied ready-mixeds to the Defendant Company.