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(영문) 대전지방법원서산지원 2016.08.23 2016가단4275

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 34,102,200 and the interest rate of KRW 15% per annum from May 17, 2016 to the date of complete payment.

Reasons

According to the evidence evidence evidence Nos. 1 through 3, the plaintiff entered into a contract with the non-party company B (hereinafter "non-party company") on June 29, 2015. On the same day, the defendant jointly and severally guaranteed the non-party company's obligation to pay ready-mixed price to the plaintiff, and the plaintiff supplied the non-party company with ready-mixed amounting to 41,40,480 won (including value-added tax) from July 4, 2015 to September 2, 2015 and issued a tax invoice equivalent to the same amount. The plaintiff is a joint and several surety, and the defendant is a joint and several surety, and the defendant is a joint and several surety at the ratio of 34,102,20 (41,400, 480 won - 7,298, 280 won and damages for delay from the following day to 15,516% of the annual payment order, which is the payment order of the plaintiff's non-party company.

The defendant argues that the plaintiff should first claim the above claim against the non-party company, but even if the defendant is an employee of the non-party company, since the non-party company's debt to the plaintiff is jointly and severally guaranteed, the plaintiff cannot exercise the right of peremptory search defense to the effect that the plaintiff should first claim or execute the above claim against the non-party company,

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.