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(영문) 부산지방법원 2018.01.16 2017가단315365

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 89,372,80 and the interest rate thereon from May 20, 2017 to the date of full payment.

Reasons

According to the evidence Nos. 1-1, 2, and 2 through 5, the Plaintiff entered into a contract for the supply of lighting equipment related to the Busan Southern-gu C Corporation (hereinafter “Defendant A”) around August 30, 2016 and supplied materials equivalent to KRW 127,380,00 in total. Defendant A did not pay KRW 89,372,80 out of the price of the above goods. Defendant A agreed to pay KRW 89,372,80 in total by January 7, 2017, and Defendant B may be deemed to have jointly and severally guaranteed the payment of KRW 89,372,80 in balance of the above goods by February 8, 2017. Barring any special circumstance, Defendants jointly and severally liable to pay to the Plaintiff the amount of KRW 89,372,800, and damages for delay calculated by the Plaintiff’s filing a complaint at the rate of 15,517% from the next day to the date of the instant lawsuit.

As to this, the defendants are different from the amount of unpaid goods.

(1) The Defendants’ assertion that the Defendants’ claim should not be denied solely on the grounds that there is no evidence supporting the Defendants’ claim or the Defendants’ claim is insufficient. Thus, the Defendants’ assertion is without merit.