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(영문) 창원지방법원 2015.09.15 2015가단7940
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 99,880,520 won and 20% per annum from April 8, 2015 to the full payment date.

Reasons

1. Facts of recognition;

A. On July 12, 2014, the Plaintiff entered into a contract for the supply of ready-mixed with the non-party Daedong Industry Co., Ltd., and the Defendants jointly and severally guaranteed the obligation to pay ready-mixed price to the plaintiff of Daedong Industry Co., Ltd.

B. The Plaintiff did not pay KRW 99,880,520 among ready-mixed supplied after July 16, 2015 to January 6, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings]

2. According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff the unpaid amount of KRW 99,880,520 and damages for delay at the rate of 20% per annum from April 8, 2015 to the date following the delivery date of a copy of the complaint, as requested by the Plaintiff.

The defendants dispute to the purport that the payment of the price of ready-mixed is not possible, but there is no evidence to acknowledge the defect in the defendants' assertion, since there is a defect in the pipe process in the ready-mixed supplied by the plaintiff, and it is not accepted.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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