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(영문) 대구지방법원 영덕지원 2017.03.16 2017가합10

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 218,642,519 and the interest rate of KRW 15% per annum from January 7, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On July 17, 2015, the Plaintiff entered into a contract for the supply of ready-mixed with Company B (hereinafter “B”), and the Defendant, a director in the company of Company B, jointly and severally guaranteed the payment obligation of the above ready-mixed B on the same day.

B. The Plaintiff supplied ready-mixed to B under the above ready-mixed supply contract, and B did not pay KRW 368,642,519 out of the price of ready-mixed to the Plaintiff.

C. On August 31, 2016, the Plaintiff and the Defendant agreed on the payment of the unpaid ready-mixed:

1) B by September 9, 2016, payment of KRW 150 million out of the price of ready-mixed, which was not paid to the Plaintiff by the day of the said payment, the entire remainder of the obligation to pay ready-mixed is extinguished. 2) The Defendant succeeded to the remainder amount of KRW 218,642,519 (=368,642,519 - 150,000,000) and paid until December 30, 2016.

B paid KRW 150 million to the Plaintiff on September 9, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The Defendant is obligated to pay to the Plaintiff the amount of KRW 218,642,519, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 7, 2017 to the date of full payment after the above payment date, as sought by the Plaintiff.

3. The plaintiff's claim for conclusion is partly accepted within the scope of the above recognition.