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(영문) 대전지방법원 2018.11.14 2016가합1759
물품대금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 240,836,640; and (b) from November 30, 2014 to August 2, 2016.

Reasons

Facts of recognition

Defendant Mine Construction Co., Ltd. (hereinafter “Defendant Mine Construction”), Defendant B without any dispute, and based on the overall purport of each entry and pleading in Gap’s evidence Nos. 1 through 4, Defendant A Co., Ltd. (hereinafter “Defendant A”), the following facts are acknowledged by the deemed confessions:

On March 21, 2014, Defendant B entered into a contract with Defendant B for the construction of a complex facility (hereinafter “instant construction”) on the land outside Sejong City and two parcels (hereinafter “instant contract”), and Defendant A further subcontracted part of the instant construction to Defendant A.

On September 2, 2014, the Plaintiff received an order of ready-mixed from Defendant A to supply ready-mixeds at the construction site of the instant case, and Defendant D and Defendant B, who are difficult to do so, jointly and severally guaranteed the Defendant A’s obligation to pay the price to the Plaintiff.

(2) The Plaintiff supplied each of the instant construction site between October 1, 2014 and September 30, 2014 and the instant joint and several surety contracts between the Plaintiff and the Defendant (hereinafter “instant joint and several surety contracts”); and all of the said contracts together with the instant joint and several surety contracts. From October 1, 2014 to November 29, 2014, the payment period for full payment after the completion of the first payment settlement condition for the D Construction site was completed, the Plaintiff supplied each of the instant construction site at the construction site, the sum of KRW 22,749,760, and the sum of KRW 22,749,760 from September 30, 2014 to September 30, 2014, and the sum of KRW 218,086,880 from October 1, 2014 to November 29, 2014.

Plaintiff’s assertion

The Defendants jointly and severally provided for in the supply contract of this case for ready-mixed supplied by the Plaintiff at the construction site of this case (i.e., 240,836,640 won (=22,749,760 won 218,086,880 won) and the following day from November 30, 2014 to the date of delivery of a copy of the complaint of this case shall be 5% per annum under the Civil Act, and the following day from the next day to the date of full payment.

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