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(영문) 수원지방법원평택지원 2020.10.13 2020가단938

물품대금

Text

The Defendants shall jointly and severally pay to the Plaintiff KRW 160,06,559 as well as the interest rate from May 23, 2020 to the day of full payment.

Reasons

1. According to the overall purport of evidence Nos. 1 through 5 of the judgment as to the cause of the claim and the entire pleadings, the Plaintiff supplied the Defendant Company B (hereinafter “Defendant Company”) with domestically friendly meat, etc. from April 2017 to April 17, 2019, and the Defendant Company agreed on June 15, 2019 to pay 161,56,559 won for the goods unpaid to the Plaintiff at KRW 5,00,000 per week, and the Defendant C jointly and severally guaranteed the Defendant Company’s debt owed to the Plaintiff.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 1,50,066,559 won (=161,56,559 won - 1,500,000 won) remaining, excluding the 1,500,000 won paid to the plaintiff among the 161,566,559 won for the goods and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 23, 2020 to the day of full payment after the date of delivery of the copy of the complaint of this case sought by the plaintiff.

(1) The plaintiff C submitted the preparatory documents as of October 6, 2020, which were after the date of the closing of the argument in this case, and asserted that the plaintiff C cancelled his joint and several sureties by means of the plaintiff's strong pressure and deception, but it is not sufficient to recognize it only with the entries in the evidence Nos. 1 and 2, and there is no other evidence to recognize it). 2. The plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition by the assent of all.