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(영문) 대구지방법원 2018.07.05 2017가단131858

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 58,400,000 and the interest thereon from March 9, 2018 to the date of full payment.

Reasons

1. The following facts are not in dispute between the Plaintiff, Defendant B, and C, and the Plaintiff and Defendant A are acknowledged in full view of the respective descriptions of evidence Nos. 1 through 8 and the purport of the entire pleadings.

A. On June 2017, the Plaintiff, who is engaged in the business of manufacturing and selling a panel, which is a material for building, concluded a contract for the construction of a panel supply work with Defendant A, who newly built a building on the ground, such as Samsung-si, and completed the supply and construction of a material around July 6, 2017 under that contract.

B. Defendant B and Defendant C jointly and severally guaranteed the obligation of Defendant A to the Plaintiff under the above contract.

C. The amount to be paid to the Plaintiff under the above contract is KRW 81,400,00,000 in total with material costs and construction costs. The payment shall be paid at the latest on July 31, 2017 under the above contract, and if the payment is delayed, damages for delay calculated by adding up the damages for delay calculated at the rate of 15% per annum from the 10th day to the 10th day.

Defendant C paid KRW 23,00,000 to the Plaintiff by March 7, 2018.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the agreed delay damages calculated at the rate of 15% per annum from March 9, 2018 to the date of full payment, which is calculated at the rate of 15% per annum from March 9, 2018 to the date of full payment.

3. If so, the plaintiff's claim against the defendants is legitimate and acceptable.