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(영문) 서울동부지방법원 2015.04.17 2014가단56240
물품대금
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 62,552,908 as well as the full payment from October 16, 2014.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap 1, 2, 3, 4-1-4-8, and 5, the Plaintiff operating a wholesale and retail business of construction materials entered into a goods supply contract with Eul Co., Ltd. (hereinafter "B") on August 13, 2010 with the purport that the Plaintiff would supply the construction materials to Eul. On the same day, the Defendant, the representative director of Eul, guaranteed the Plaintiff’s obligation to pay the goods, and the Plaintiff supplied the construction materials to Eul from that time to March 31, 2014, but it is recognized that the Plaintiff was not paid KRW 62,52,908 among them.

Therefore, according to the above facts of recognition, the Defendant, a joint guarantor of B, is jointly and severally liable to pay to the Plaintiff KRW 62,552,908 of the above construction material price and damages for delay calculated at the rate of 20% per annum from October 16, 2014 to the day of complete payment, as the Plaintiff seeks.

If so, the plaintiff's claim is justified.

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