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(영문) 서울동부지방법원 2017.11.28 2017가합102974
물품대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 1,336,727,120 and Defendant A Co., Ltd. from April 7, 2017.

Reasons

1. The judgment of this Court

A. The following facts are acknowledged by adding to the whole purport of the pleadings, the entry of Gap evidence Nos. 3 to 6 and 8 (including additional number).

1) Defendant A Co., Ltd. (hereinafter “Defendant Company”)

(2) The Plaintiff supplied goods equivalent to KRW 1,863,315,520 to the Defendant from June 30, 2015 to October 26, 2015, but did not receive KRW 1,813,315,520 out of the price, and Defendant D, the representative director of the Defendant Company, jointly and severally guaranteed the obligation to pay the remainder of the goods on February 16, 2016, but did not receive KRW 1,336,727,120 until now.

B. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 1,336,727,120 as well as 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 April 7, 2017 to the date of delivery of a copy of the complaint of this case sought by the Plaintiff, and from April 25, 2017 to the date of full payment.

2. Conclusion, the Plaintiff’s claim against the Defendants is justified and acceptable.

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