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(영문) 의정부지방법원고양지원 2019.09.06 2019가단237
물품대금등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 193,98,206 as well as the interest rate from July 20, 2019 to the day of full payment.

Reasons

1. Indication of claim: A claim for the price of goods on the ground that the Plaintiff supplied steel bars to Defendant B Co., Ltd. on June 12, 2017, and Defendant C and D stand joint and several liability for the debt incurred from the supply of the goods;

2. Grounds for determination;

(a) Defendant B corporation: Article 208(3)3 of the Civil Procedure Act (Service by public notice);

B. Defendant C and D: Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act (Confession judgment)

3. The provisions pertaining to statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Partial Dismissal of Lawsuit (hereinafter “Promotion Act”) were promulgated on May 21, 2019 and enforced from June 1, 2019. Since the statutory interest rate under the Promotion Act was 12% per annum from June 1, 2019, it is recognized only as damages for delay calculated at the rate of 12% per annum, and the claim portion in excess is dismissed.

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