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(영문) 대전지방법원논산지원 2014.05.08 2014가단164
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff the amount of KRW 51,671,840 and the interest rate thereon from December 20, 2013 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 2, 3-1, 3-2:

On June 24, 2013, the Plaintiff entered into a contract for the supply of ready-mixed (Standard 25-21-120) at a unit price of 62,800 won/metres (excluding value-added tax), which is necessary for the construction of the Damsan-gun Construction Corporation (hereinafter “the instant construction”) (hereinafter “the instant contract”).

B. Among the items of joint and several sureties of the instant contract, the entry “E”, “E”, “F”, and “F” and “F million won in the warranty period column are written in the address column of the Daejeon-dong-gu D 108 Dong 305, and the trade name (name) column “A”, “A” and “A”, “B” and “F” are written in the warranty period column, and the signature of summary is written next thereto.

On the bottom of the instant contract, the lower court stated that “Joint Guarantee Address: G lent A, 301, 201, 2013: from June to June, 2013; name: BH, Ha, 100, 100, 100, 2000, 2000,000,000,000,000,000

C. From June 25, 2013 to July 11, 2013, the Plaintiff supplied to Nonparty Company a total of 748 cubic meters of ready-mixeds.

Accordingly, the above ready-mixed price to be received by the plaintiff was 51,671,840 won in total (=748 cubic x 62,800 x 1.1).

2. The parties' assertion

A. The Plaintiff’s assertion 1) pursuant to the instant contract, the Plaintiff supplied ready-mixeds equivalent to KRW 51,671,840 for the non-party company. The Defendants jointly and severally guaranteed the above payment obligations under the instant contract. As such, the Defendants are jointly and severally liable to pay the Plaintiff the above payment amount of KRW 51,671,840 and the damages for delay thereof. (2) Although the Plaintiff’s agent was divided into J, K, L, M and Ma, the non-party company renounced the instant construction.

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