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(영문) 대전지방법원천안지원 2015.05.27 2015가단5817
물품대금
Text

1. The Plaintiff, Defendant A shall be calculated with 67,202,938 won and 20% per annum from January 22, 2015 to the date of full payment.

Reasons

The Plaintiff supplied the goods equivalent to KRW 67,202,938, such as hardware, to Defendant A in 2014, and Defendant B guaranteed the obligation to pay KRW 49,121,996, out of the price of the above goods by Defendant A on October 3, 2014, the Plaintiff’s joint and several surety can be recognized by comprehensively taking into account the overall purport of the pleadings in the items in subparagraphs 2 and 3 above.

Meanwhile, the Defendants asserted to the effect that C promised to pay the price of the goods directly to the Plaintiff, but this is only an internal relationship between C and the Defendants, so the Defendants’ assertion alone does not constitute a ground for refusing the Plaintiff’s claim of this case.

Therefore, Defendant A is obligated to pay to the Plaintiff the amount of KRW 67,202,938 as well as damages for delay calculated at 20% per annum from January 22, 2015 to the date of delivery of the instant payment order; Defendant B is jointly and severally with Defendant A for the amount of KRW 49,121,96 out of the above amount; and damages for delay calculated at 20% per annum from January 22, 2015 to the date of full payment.

Therefore, the plaintiff's claim against the defendants shall be accepted with due cause, and it is so decided as per Disposition.

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