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(영문) 대구지방법원서부지원 2020.12.08 2020가단55951
물품대금
Text

Defendant C’s KRW 30,00,000 and its amount are 6% per annum from July 1, 2019 to September 9, 2020.

Reasons

The Plaintiff filed a claim against Defendant B, who sells building materials in the name of “D” and engages in construction business, supplied building materials equivalent to the aggregate of KRW 45,081,450 from September 16, 2017 to April 8, 2019. Defendant B, on January 19, 2019, agreed to pay to the Plaintiff KRW 15 million until April 19, 2019; and on KRW 7.5 million until April 30, 2019, respectively. Defendant C guaranteed the obligation to pay the agreed amount of KRW 15 million to the Plaintiff by Defendant B. There is no dispute between the parties.

According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff 15,00,000 won jointly with Defendant C, as well as damages for delay calculated at each rate of 12% per annum under the Commercial Act from April 20, 2019 to May 1, 2019, the delivery date of a copy of each complaint of this case, from May 20, 2019 to July 20, 2020, and from the next day to the day of full payment.

Therefore, the plaintiff's claim against the defendant B is justified and it is so decided as per Disposition.

Indication of Claim against Defendant C: as shown in the reasons for the Claim in the attached Form.

( however, the action against F was withdrawn). The judgment to be deemed as confession (Article 208(3)2 of the Civil Procedure Act)

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