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(영문) 대구지방법원 2015.09.08 2015가단18913
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,367,854 and the interest rate of KRW 20% per annum from April 28, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 27, 2014, the Plaintiff entered into an order contract (hereinafter referred to as “instant order contract”) with the NNN (hereinafter “debtor Company”) to supply ready-mixeds to the Youngcheon-si B site (hereinafter “instant site”) from August 28, 2014. The Plaintiff signed the order contract (hereinafter referred to as “instant order contract”). The Defendant Company’s signature and seal is the joint and several sureties’s joint and several sureties of the text (as between A2-1 and A1-2).

B. The instant site was land owned by the Defendant Company, and the instant order contract was concluded for the package of access roads related to the construction of the Defendant Company’s factory.

C. From August 28, 2014 to September 1, 2014, the Plaintiff supplied ready-mixed with an obligor company, and was not paid KRW 49,367,854 out of the price of the goods.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (Evidence No. 2-1 of the evidence No. 2 of the defendant company's name is presumed to have been duly formed as a whole, since the defendant is the defendant's representative director of the defendant company's company, and the whole document's authenticity is presumed to have been established).

2. In light of the reasoning of the judgment as to the cause of the claim, the contents of the order contract of this case, which is a disposal document, and the facts revealed in the above facts, it is sufficient to recognize the fact that the defendant company became a joint and several surety under the order contract of this case. As such, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 20% per annum from the day after the delivery date of the order of this case until the day of full payment, as requested by the plaintiff, by the plaintiff, the balance of the goods price under the order of this case 49,367,8

The defendant asserts that the representative director C has retired on September 1, 2014, and therefore there is no obligation to pay the price of the goods of this case. However, according to the statement No. 1-1, the above C is still registered as the representative director of the defendant company, and the defendant company is still registered.

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