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(영문) 서울중앙지방법원 2016.12.02 2016가합24678

미수금

Text

1. The Defendant shall pay to the Plaintiff KRW 232,574,213 and the interest rate of KRW 15% per annum from November 18, 2016 to the date of full payment.

Reasons

1. The Plaintiff entered into an agency sales contract with B, a corporation established for the purpose of manufacturing and selling agricultural machinery, and with B, around January 2002, selling agricultural machinery, etc. to B to sell it to the end-user.

As a comprehensive collateral guarantor, the defendant jointly and severally guaranteed all obligations under the above contract B.

The Plaintiff owned the claim KRW 344,026,591 against B on December 2, 2002. From around that time to December 2, 2013, the Plaintiff sold the agricultural machinery, etc. equivalent to KRW 7,186,482,061 to B, and recovered KRW 7,147,934,439 among them. On April 2015, 2015, the Plaintiff collected KRW 150 million in the real estate rental auction procedure. Accordingly, the Plaintiff still recovered KRW 232,574,213 (= KRW 344,026,591), KRW 7,186,482,061 - KRW 7,147,934,439 - KRW 150,000).

Therefore, the defendant is liable to pay the above price of goods and damages for delay to the plaintiff.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act)