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(영문) 서울남부지방법원 2017.09.22 2017가단213818

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 65,058,00 and KRW 35,058,00 among them, from July 31, 2017.

Reasons

1. Facts of recognition;

A. On May 23, 2016, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) to supply goods, such as low temperature water absorption type 2 to KRW 210,265,00 (including value-added tax) at the Incheon E site performed by Defendant A.

On August 8, 2016, the Plaintiff entered into a modified contract with Defendant A to supply goods, such as 230,912,000 won (including value-added tax), such as a low temperature water absorption type chiller, at the site of the construction work performed by Defendant A.

B. The Plaintiff supplied the goods of KRW 230,912,00 to Defendant A during the period from May 19, 2016 to October 30 of the same year in accordance with the above contract and the modified contract.

C. On the other hand, on August 5, 2016, Defendant B, C, and D provided joint and several surety for KRW 188,859,000 for the goods payment obligations under the above contract that Defendant A owes to the Plaintiff.

Defendant A, a principal debtor, paid KRW 65,058,00 as the price for goods under the said contract and the modified contract, on May 22, 2017, when the instant lawsuit is pending, Defendant A, the principal debtor of which agreed to pay KRW 35,05,00,000 until July 30, 2017, and the remainder KRW 30,000,000 until August 30, 2017, respectively, to lose the benefit of time and pay interest at the rate of KRW 15 per annum if not performed.

However, Defendant A did not pay KRW 35,058,00 by July 30, 2017, thereby losing the benefit of time for the remainder of KRW 30,000 on July 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 through 5, Gap evidence 4, 5, Gap evidence 7 and 13, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendants jointly and severally agreed with the Plaintiff as to KRW 65,058,00,000 and KRW 35,058,00,00 from July 31, 2017 following the due date, and with respect to KRW 30,000,000 from August 1, 2017 to the due date of full payment, respectively.