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(영문) 수원지방법원평택지원 2020.11.12 2019가합15207
보증채무금
Text

The Defendants jointly and severally agreed to the Plaintiff KRW 254,440,660 as well as Defendant B from May 1, 2017 until July 22, 2020.

Reasons

1. Basic facts

A. From September 2013, the Plaintiff, a company engaged in the business of manufacturing gymnas, poppy, sn beam, tracks, heating materials, and bathos for stone, supplied sn beamline, sn beam lines, Vs, and hymnas to D Co., Ltd.

B. On August 7, 2014, the Plaintiff entered into a contract for goods supply that continued to supply sn beam lines, angles, voltss, and Anhovas, which were supplied from around September 2013 with D Co., Ltd., and agreed to receive the price by settling accounts at the end of each month as requested by D to supply goods and the Defendants jointly and severally agreed to receive the price.

C. From September 2013 to April 2017, the Plaintiff supplied goods amounting to KRW 1,405,563,353, and the current amount of the unpaid goods is KRW 254,440,660.

[Reasons for Recognition] Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act): Defendant C: Judicial confession (Article 288 of the

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 254,440,660, and damages for delay calculated at the rate of 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, which is the day following the due date, to the Defendants’ delivery of the duplicate of the complaint in this case to the Defendants (Defendant B) from May 1, 2017 (Defendant C) and January 10, 2020 (Defendant C)

3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is accepted on the grounds of merit, and it is so decided as per Disposition.

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