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(영문) 광주지방법원 2015.04.21 2014가단50444

물품대금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 69,851,434 as well as as the period from August 8, 2014 to December 31 of the same year.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4 (including paper numbers):

On May 9, 2008, the Plaintiff entered into a goods transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on which the Plaintiff continued to supply electricity, fire fighting materials and other goods, and the Defendant Co., Ltd. shall pay the price to the Plaintiff at the end of the relevant month. At that time, Defendant B guaranteed all obligations owed by the Defendant Co., Ltd. to the Plaintiff.

B. In accordance with the aforementioned commodity transaction agreement, the Plaintiff supplied goods equivalent to KRW 1,247,538,024 in total until July 7, 2014, and the Defendant Company paid a total of KRW 1,177,686,590 until August 7, 2014.

2. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the balance of the goods price of KRW 69,851,434 (i.e., KRW 1,247,538,024 - KRW 1,177,686,590) and damages for delay calculated at the rate of 5% per annum under the Civil Act from August 8, 2014 to December 31, 2014, which is the delivery date of the duplicate of the complaint of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.