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(영문) 의정부지방법원고양지원 2020.02.13 2019가단92731

물품대금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 91,090,348 and the Defendants Company B, C, D, and F with respect thereto. < Amended by Presidential Decree No. 23589, Nov. 1, 2019>

Reasons

1. Facts of recognition;

A. From September 5, 2011 to September 4, 2019, the Plaintiff supplied goods, such as electric equipment, to Defendant B Co., Ltd. (hereinafter “Defendant Company”), and the price for the goods that the Defendant Company did not pay up to the date is KRW 91,090,348.

B. On September 21, 201, Defendant D, E, and C signed, sealed, or affixed a seal on the joint and several guarantee agreement with the content that the Defendant Company is jointly and severally liable for the obligation to be paid in the transaction of goods between the Plaintiff and the Defendant Company.

C. Defendant F is on April 6, 2016.

The joint and several guarantee agreement, such as the entry in the paragraph, was signed and sealed.

[Based on the recognition] Defendant Company, C: Defendant D, or F: A judgment based on the assertion of confession (Article 208(3)2 and Article 150(3) and (1) of the Civil Procedure Act) by publication (Article 208(3)3 of the Civil Procedure Act)

2. According to the above facts of recognition, the defendant company is obligated to pay the price for the goods to the plaintiff as the principal debtor, and the remaining Defendants are jointly and severally liable with the defendant company as a joint and several surety.

Therefore, the Defendants are jointly and severally liable to pay the amount of KRW 91,090,348, and the amount calculated by 12% per annum from November 8, 2019 following the delivery of a copy of the instant complaint after the date of payment for the said goods, and Defendant E is jointly and severally liable to pay the amount of money calculated from December 19, 2019 to the day of full payment after the delivery of a copy of the instant complaint.

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.