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(영문) 서울남부지방법원 2016.12.09 2016가단29672

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 46,572,400 won and 20% per annum from July 20, 2006 to the full payment date.

Reasons

1. Basic facts

A. The Plaintiff supplied electronic parts to Defendant A from April 2004 to February 2, 2005, and Defendant B guaranteed Defendant A’s obligation to Defendant A on September 2, 2005.

B. The Plaintiff filed a lawsuit against the Defendant for the claim for the payment of the goods amounting to KRW 46,572,400 with the Seoul Southern District Court 2006Kadan25152 (hereinafter “instant prior lawsuit”), and the said court rendered a judgment on August 24, 2006 that “the Defendant jointly and severally pays to the Plaintiff 46,572,400 won and 20% interest per annum from July 20, 2006 to the date of full payment,” and the said judgment became final and conclusive.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence No. 1, the purport of the whole pleadings

2. According to the above facts, Defendant A as a joint and several surety, is jointly and severally liable to pay to the Plaintiff the amount of KRW 46,572,400 due to the goods which was determined as the previous lawsuit of this case, and damages for delay at the rate of 20% per annum from July 20, 2006 to the date of full payment.

The Defendants asserted that the above goods payment obligation has no liability for repayment upon the lapse of the statute of limitations, but the prior suit of this case became final and conclusive on September 13, 2006, and it is apparent in the record that the Plaintiff filed the instant lawsuit on July 22, 2016, for which ten years have not passed since the said claim by the Defendants is groundless.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.