beta
Text
1. The Defendants jointly share KRW 47,720,373 to the Plaintiff, as well as the period from February 1, 2017 to February 23, 2017.
Reasons
1. Basic facts
A. Defendant nationalization Co., Ltd. (hereinafter “Defendant nationalization”) ordered construction works in Seo-gu, Gwangju (hereinafter “instant construction”) and Defendant MD Construction Co., Ltd (hereinafter “Defendant MD Construction”) participated in the construction site at the instant construction site.
B. From April 2015 to January 2017, the Plaintiff supplied materials equivalent to KRW 126,50,373 at the instant construction site during the period from April 2015 to January 2017, and received KRW 78,780,00 as the price of the materials. Accordingly, the price of the materials that was not paid is KRW 47,720,373.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 4, 1 through 8, the purport of the whole pleadings
2. Determination as to the cause of claim
A. The summary of the parties’ assertion 1) supplied materials according to the order of the Plaintiff MD Construction, and the Defendants jointly pay the unpaid materials because the Defendant FD Construction is a material payment guarantor. 2) The Defendants are only a transaction between the Plaintiff and the Defendant, and there was no material supply contract or transaction between the Plaintiff and the Defendant MD Construction.
B. The following circumstances are revealed by comprehensively taking account of the facts and presented evidence prior to the determination, Gap evidence Nos. 1, 5, and 8, and the overall purport of the arguments, namely, (i) the Plaintiff sent to defendant MD Construction a monthly settlement statement for the instant construction site between January 2016 and February 2017, and (ii) the Plaintiff issued an electronic tax invoice under the name of defendant MD Construction; (iii) the instant materials were traded between the Plaintiff and defendant MD Construction; and (iv) the Plaintiff’s certificate of confirmation that the price of the materials was guaranteed by defendant MD Construction. In relation to the price of the materials at the instant construction site on August 18, 2015, there is a guarantee certificate for payment confirmed by defendant MD Construction.