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(영문) 창원지방법원 2016.08.23 2016가단502

물품대금

Text

1. The Defendant’s KRW 22,413,190 for the Plaintiff and KRW 6% per annum from June 8, 2015 to April 1, 2016.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) the Plaintiff supplied goods, such as scrap metal, to the Sungju Co., Ltd. during the period from January 19, 2015 to March 13, 2015; (b) the Plaintiff was not paid KRW 22,413,190; and (c) the Defendant, on April 7, 2015, jointly and severally guaranteed the obligation to pay the price for the said goods to the Plaintiff by June 7, 2015; and (d) the Plaintiff prepared and delivered a loan certificate stating that the amount equivalent to the price for the said goods should be paid to the Plaintiff by June 7, 2015, either there is no dispute between the parties or the entire purport of the pleadings in the evidence

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 22,413,190 as well as damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from June 8, 2015 to April 1, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The defendant's argument regarding the defendant's claim is that the above goods-price obligation is not the defendant, but the principal owner of the company, and since the plaintiff's coercion was written with a loan certificate under the defendant's name, it is unreasonable to hold the defendant liable on the basis of the above loan certificate. However, since there is no evidence to acknowledge that the above loan certificate was drafted by coercion, the above argument by the defendant is without merit.

3. Conclusion, the plaintiff's claim is justified and acceptable.