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(영문) 창원지방법원 2015.02.12 2014가합4767

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 61,505,919 and interest rate of KRW 20% per annum from September 27, 2014 to the day of complete payment.

Reasons

1. The plaintiff asserts that the judgment on the cause of the claim sold ready-mixeds to Samsung Heavy Construction Co., Ltd., and the defendant jointly and severally guaranteed the obligation to pay ready-mixeds to the plaintiff of Sambu Construction Co., Ltd., and the remaining amount of KRW 61,505,919 remains. Thus, the defendant should pay the above money and damages for delay to the plaintiff.

Comprehensively taking account of the overall purport of the arguments in the statement No. 1, No. 1-2, No. 2-1, No. 2-5, and No. 3 of the evidence No. 1-1, 2012, Sam Heavy Construction Co., Ltd. entered into a contract with the Plaintiff on Nov. 1, 2012 to be supplied with ready-mixed. At the time, the Defendant jointly and severally guaranteed the obligation to pay ready-mixed to the Plaintiff of Sam Heavy Construction Co., Ltd., which was supplied from February 8, 2014 to May 20, 2014, the Sam Heavy Construction Co., Ltd. did not pay KRW 61,505,919 out of the amount of ready-mixed to be supplied to the Plaintiff.

According to the above facts, the defendant is obligated to pay to the plaintiff the remaining amount of 61,505,919 won and damages for delay calculated at the rate of 20% per annum from September 27, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.