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(영문) 수원지방법원안산지원 2019.06.12 2018가단70410
물품대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 54,146,821 and Defendant B Co., Ltd. from December 6, 2018.

Reasons

On July 1, 2016, the Plaintiff and Defendant B (hereinafter “Defendant B”) agreed to supply liquefied petroleum gas for seven years to Defendant B, the supply unit price of the Plaintiff supplied to Defendant B shall be 1.106 won/1 cubic meters, and Defendant D agreed to apply to the linkage at the time of a change in the supply price of major import agents. Defendant D guaranteed Defendant B’s debt under the above supply contract, and the Plaintiff supplied gas equivalent to KRW 258,456,596 in total to Defendant B from July 5, 2016 to November 10, 2018 based on the above supply contract, can be acknowledged in full view of the overall purport of arguments in evidence Nos. 1, 2, 7, and 8 between the Plaintiff and the Defendant and the Defendant, and it can be deemed that the said Defendant led to the confession pursuant to Article 150 of the Civil Procedure Act.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 54,146,821 won remaining after deducting 204,309,775 won, which the plaintiff was paid by the defendants from the gas price 258,456,596,596 won (=258,456,596 won - 204,309,775 won) and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 8, 2019 to the date of full payment.

Therefore, each claim of the plaintiff of this case is justified and it is so decided as per Disposition by the assent of all participating Justices.

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