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(영문) 수원지방법원 안산지원 2018.02.01 2017가합9869
매매대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,003,574,415 as well as the interest rate from December 8, 2017 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff is a corporation whose purpose is the drug manufacturing business, etc., and the Defendant A (hereinafter “Defendant A”) is a corporation whose purpose is the drug wholesale business.

Defendant B is the representative director of Defendant A.

B. On January 2, 2017, the Plaintiff and Defendant A entered into a contract with the effect that Defendant A would be supplied with drugs from the Plaintiff and pay the price for the goods to the Plaintiff.

On January 2, 2017, Defendant B agreed with the Plaintiff to jointly and severally guarantee all obligations that Defendant A would incur to the Plaintiff according to the above contract.

C. The Plaintiff supplied drugs to Defendant A during the period from January 201 to October 2010 of the same year pursuant to the foregoing contract. However, the product payment obligation that Defendant A failed to pay to the Plaintiff by October 10, 2017 is the total amount of KRW 1,003,574,415.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 1,003,574,415, and the amount of delay damages at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 8, 2017 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case filed by the Plaintiff after the due date.

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

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