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(영문) 창원지방법원 2016.04.06 2016가단2041
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 62,612,440 and the interest rate thereon from January 16, 2016 to the date of full payment.

Reasons

1. According to the overall purport of the statements and arguments set forth in subparagraphs A through 5 (including each number), the Plaintiff is a commercial company running a wholesale business of building materials wholesale and retail business, and the Plaintiff can recognize the fact that the Defendants, the merchants engaged in the sales and construction business of building materials, supplied the total of KRW 175,663,700 (excluding value-added tax) on credit during the period from April 6, 2015 to December 21, 2015, as well as the total of KRW 175,663,700 (excluding value-added tax), and there is no counter-proof (the Defendant did not submit any evidence to the effect that the price of the building materials supplied to the Plaintiff does not exceed the above KRW 175,663,700, but the fact that the Plaintiff received KRW 118,743,300 out of the above amount was paid by the Plaintiffs.

2. Therefore, the Defendants are jointly and severally liable to pay 62,612,440 won, including the remainder 56,920,400 won (175,663,700 won-118,743,300 won) and the value-added tax of 10% for them, as well as damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the date of final supply of the above construction materials, which is the day after January 16, 2016 to the day of full payment.

3. As above, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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