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(영문) 수원지방법원 여주지원 2018.05.17 2018가단1348
물품대금
Text

1. The defendant shall jointly and severally pay to the plaintiff KRW 50,037,200 as well as the full payment from January 26, 2018.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) B Co., Ltd. (hereinafter “Nonindicted Company”)

(2) After September 12, 2010, the non-party company and the defendant received an order from the plaintiff to November 2, 2010 for the supply of ready-mixeds as joint and several sureties and implemented the said new construction work after being supplied with ready-mixeds equivalent to KRW 90,037,200, which are necessary for the new construction of the non-party company and the defendant from September 12, 2010 to November 2, 2010.

3) However, the non-party company and the defendant paid only KRW 40,00,000 out of KRW 90,037,200 to the plaintiff, and even though the plaintiff urged the non-party company and the defendant to pay the remaining amount of KRW 50,037,200 to the non-party company and the defendant, the non-party company and the defendant did not pay the remaining amount so far to the plaintiff. [Evidence evidence: Recognizing confessions or evidence Nos. 1 through 4 (including paper numbers) and the purport of the whole pleadings.

B. According to the above facts of determination, the Defendant is jointly and severally liable to pay to the Plaintiff the remainder of KRW 50,037,200 as well as damages for delay at the rate of 15% per annum from January 26, 2018 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, which the Plaintiff sought, to the Plaintiff after the final supply date of the remainder.

2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.

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