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(영문) 창원지방법원 2017.07.13 2016가합52920
물품대금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 3,464,376,953 and its amount from August 13, 2016 to the date of full payment.

Reasons

1. Determination on the cause of the claim

(a) The facts subsequent to the facts of recognition do not conflict between the parties or may be acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 to 5:

1) The Plaintiff is a company engaged in the manufacture and sale of the melting A and Aluminium steel plates and painting steel plates, and is the Defendant Company A (hereinafter “Defendant Company”).

(2) The Plaintiff was paid KRW 3,834,448,59 in total to the Defendant Company from August 31, 2014 to March 31, 2016 under the goods supply contract with the Defendant Company as KRW 3,834,448,59, and KRW 30,000,000 on February 3, 2016, and KRW 150,000 on February 29, 2016.

3) On June 29, 2015, Defendant B provided to the Plaintiff with a letter of undertaking to secure joint and several liability within the maximum of KRW 2,800,00,000 with the maximum amount of guarantee for the Plaintiff. According to the above facts of recognition, the Defendant Company is jointly and severally liable to pay to the Plaintiff 3,654,448,599 won (=3,834,448,599 won - - (30,00,000,000 KRW 150,000)) as requested by the Plaintiff among the total amount of KRW 3,464,376,953 as well as damages for delay calculated from August 13, 2016, which is the day following the day of delivery of a copy of complaint of this case to the Defendant Company, to the day of full payment, the amount of damages for delay calculated with 15% per annum from the day of delivery of the complaint of this case to the day of full payment.

2. Judgment on the defendants' assertion

A. The Defendants’ assertion by the Defendants are the Defendant Company from 2013 to 2014.

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