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(영문) 수원지방법원여주지원 2016.11.15 2016가단4947
보증채무금
Text

1. Defendant A, B, C, and F are jointly and severally with Nonparty G Co., Ltd. and the Plaintiff KRW 12,789,500.

Reasons

1. Indication of claim;

A. From April 11, 2015 to July 1, 2015, the Plaintiff agreed to be paid the price to G Co., Ltd. on the last day of the following month of the supply date, and supplied ready-mixed worth KRW 47,789,50 in total at the construction site located at H from April 11, 2015 to July 1, 2015. Defendant A, B, C, and F guaranteed the obligation to supply the above ready-mixed.

The unpaid balance of the supply price is 12,789,500 won.

B. From March 19, 2015 to June 12, 2015, the Plaintiff agreed to be paid the price to G Co., Ltd. on the last day of the following month of the supply date and supplied ready-mixed equivalent to KRW 29,141,200 in total at the work site of I and J from March 19, 2015, and Defendant D and E guaranteed the obligation to supply the above ready-mixed.

The unpaid balance of the supply price is KRW 18,633,50.

C. On July 1, 2015, the date following the due date for the supply of each of the above unpaid obligations and its final supply date for the Defendants, a joint and several surety, the Plaintiff seek payment of damages for delay calculated at each rate of 6% per annum prescribed by the Commercial Act from September 1, 2015 to September 20, 2016, which is the last delivery date of a copy of the complaint of this case against the Defendants, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. Grounds for recognition;

(a) Defendant A and B: Article 208(3)3 of the Civil Procedure Act;

(b) Defendant C and E: Article 208(3)2 of the Civil Procedure Act (Confession)

(c) Defendant D: Each entry of evidence Nos. 1-1, 2, and 2-1, and 2-2, and the purport of the whole pleadings;

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