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(영문) 서울중앙지방법원 2019.02.14 2018가단48053

물품대금 청구의 소

Text

1. The Defendant’s KRW 62,887,701 and annual 6% from October 15, 2015 to August 24, 2018, respectively, to the Plaintiff.

Reasons

1. The fact that the Plaintiff entered into a contract with D (hereinafter “D”) on July 29, 2015 to supply D (hereinafter “D”), and the Defendant jointly and severally guaranteed the D’s debt; the Plaintiff supplied D with the goods equivalent to KRW 61,804,701 from August 31, 2015 to October 14, 2015 under the said contract; and the Plaintiff supplied E (hereinafter “E”) with the Defendant’s joint and several liability amounting to KRW 20,636,000 under the Defendant’s joint and several liability, and the Plaintiff received KRW 14,553,000 from D among the price of each of the goods, respectively.

2. According to the above facts, the defendant, as a joint and several surety of D and E, has the obligation to pay damages for delay at the rate of 15% per annum as stipulated in the Commercial Act from October 15, 2015 to August 24, 2018, together with the remaining costs of D (61,804,701 - 14,53,000 won) and the remaining costs of E (20,636,000 won - 5,000 won), as well as 62,87,701 won after the date of the above final supply, which the plaintiff seeks as a joint and several surety of D and E, to pay for delay at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. until the date following the date of the above final supply.

3. Thus, the plaintiff's claim is justified.