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(영문) 수원지방법원 2014.09.18 2013가단108576
물품잔대금 등
Text

1. Defendant C shall pay to the Plaintiff KRW 34,002,080 as well as 20% per annum from September 26, 2014 to the date of full payment.

Reasons

1. Claim against Defendant C

A. On June 29, 2013, Defendant C agreed to pay to the Plaintiff KRW 34,002,080,080, which was used at the site of the construction site of the construction site for the entry into the E Institute at the time of harmony, within 15 days after the completion of the construction. Since the above construction is not paid until 15 days after the completion of the construction, the Plaintiff sought payment from Defendant C of the amount of KRW 34,002,080 and delay damages from the date following the delivery of a copy of the complaint in this case.

(b) Judgment by service based on which recognition is applicable (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant A, B, and D

A. Basic facts 1) The Plaintiff is a company engaged in the business of selling ready-mixed and cement processed products. 2) The Plaintiff was ordered by F to supply ready-mixed at the site of the construction work for the entry into and exit from the E Institute in the time of harmony (hereinafter “instant construction work”) from F, a named agent of Defendant A Co., Ltd. (hereinafter “Defendant A”). The above order is written by F, and F, and F, and F, the client is the Defendant A, and F, the agent is indicated by F.

3) Meanwhile, in the joint and several surety column of the above order, Defendant B and C affixed the seal imprint and affixed the seal imprint, and Defendant D signed. 4) The Plaintiff supplied the goods of KRW 10,90,230 on April 2013, 2013, KRW 16,442,910 on May 2, 2013, KRW 17,938,80 on June 201, KRW 17,938,80 on June 30 of the same year, and KRW 2,418,240 on July 20 of the same year, but did not receive KRW 34,486,30 on the goods price.

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

B. A summary of the Plaintiff’s assertion 1) The Plaintiff entered into a contract with F to supply ready-mixeds at the construction site of the instant case with F to which the right of representation was granted by the Defendant A (hereinafter “instant ready-mixed supply contract”).

(b).

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