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(영문) 전주지방법원 2019.05.31 2018가단28657
물품대금
Text

The Defendants shall jointly and severally pay to the Plaintiff KRW 31,99,455 as well as the interest rate from October 12, 2018 to the day of full payment.

Reasons

On June 1, 2016, the Plaintiff entered into a contract to supply food materials, etc. to Defendant C (Evidence A (Evidence 1) and the Defendant C’s obligation to pay for the unpaid goods by December 2017 was KRW 34,183,491.

Accordingly, Defendant C agreed to pay the Plaintiff the amount of the unpaid goods each month (including an agreement on the fact of the benefit of time) and Defendant D jointly and severally guaranteed the payment.

(Evidence A 2) Nevertheless, Defendant C failed to pay the goods properly and thus remains 31,90,455 won.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the aforementioned KRW 31,990,455 as well as damages for delay calculated at the rate of 15% per annum from October 12, 2018 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order sought by the Plaintiff.

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