beta
(영문) 인천지방법원 2017.12.22 2017가합57034

물품대금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 205,615,473 and the Defendant A Co., Ltd. from June 10, 2017.

Reasons

1. Indication of claim;

A. The Plaintiff is a company that manufactures and sells industrial materials, such as rubber products, and is engaged in wholesale and retail business. Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that manufactures and sells industrial machinery.

B. The Plaintiff supplied the Defendant Company with industrial materials, such as shock bells and rubber plates. The outstanding amount until June 9, 2017 to the Defendant Company reaches KRW 205,615,473 in total.

C. On July 25, 2017, Defendant B, the representative director of the Defendant Company, prepared a letter of payment to the Plaintiff stating that “The Defendant Company will be held liable as a joint and several surety for the amount of KRW 205,615,473 and the amount incurred later.”

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the outstanding amount of goods 205,615,473 won and damages for delay calculated at the rate of 6% per annum prescribed in the Commercial Act from June 10, 2017 to the delivery date of the complaint (Defendant Company, August 23, 2017, August 25, 2017, and August 25, 2017) and 15% per annum prescribed in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of each applicable provision of Acts;