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(영문) 수원지방법원성남지원 2016.05.25 2015가단34801
물품대금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 125,100,600 won and each year from September 1, 2012 to March 12, 2016.

Reasons

In light of no dispute between the parties, or comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 5, the Plaintiff’s delivery from around 2009 to August 31, 2012, the Plaintiff’s payment amount of KRW 125,107,600, Defendant A decided to take over the obligation to pay the above goods to the Plaintiff on April 24, 2013, and Defendant B’s joint and several liability is recognized.

According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at each rate of 125,100,60,000 per annum under the Commercial Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from September 1, 2012, which is the day following the date of the final supply of the above goods to the Plaintiff, to September 1, 2012, which is the day of the last delivery of the copy of the complaint in this case (the purport of the claim is “the date of delivery of the copy of the complaint in this case, but is stipulated “the date of delivery of the copy of the complaint in this case, which is one of multiple parties, prior to the date of the last delivery).

Therefore, the plaintiff's claim of this case against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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