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(영문) 창원지방법원 2017.08.10 2017가단6989

대여금

Text

1. The Defendant’s KRW 139,112,506 for the Plaintiff and KRW 6% per annum from February 1, 2017 to May 18, 2017.

Reasons

1. The Plaintiff entered into a goods transaction agreement with Engineering Co., Ltd. on September 6, 2016 and supplied goods equivalent to KRW 262,973,357 in total until November 15, 2016; the Defendant agreed with the Plaintiff to jointly and severally guarantee the obligation to pay for goods through engineering; the Defendant engineering Co., Ltd. paid only part of the goods supplied as above and did not pay the remainder of the goods. As of the date of the instant lawsuit, the unpaid goods amounting to KRW 139,112,506 in total is not disputed between the parties, or may be recognized by taking into account the respective entries in subparagraphs 1 through 3 (including the serial number) and the overall purport of pleadings.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 139,112,506 and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from February 1, 2017 to May 18, 2017, and 15% per annum prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

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