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(영문) 서울남부지방법원 2016.05.11 2015가단58499

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 29,256,30 and the interest rate thereon from December 5, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 2015, the Plaintiff prepared a commercial transaction agreement (hereinafter “instant contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and supplied agricultural products to the Defendant Company from April 24, 2015 to October 13, 2015, and the Defendant B jointly and severally guaranteed the Defendant Company’s obligation to pay for the goods to the Plaintiff.

B. The amount of the goods that the Defendant Company did not pay to the Plaintiff is KRW 29,256,300 in total.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 29,256,300, and damages for delay calculated at the rate of 15% per annum from December 5, 2015 to the day following the delivery date of a copy of the complaint in this case, to the day of complete payment.

3. Defendant B did not sign and seal as joint and several sureties under the contract of this case. Defendant B asserted that C engaged in a transaction with the Plaintiff, but there is no evidence to acknowledge this. Thus, Defendant B’s above assertion is without merit.

4. Conclusion, the plaintiff's claim is justified.