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(영문) 전주지방법원 2016.11.18 2015가단22924
사료대금 등 청구의 소
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 179,931,249, and Defendant A with respect thereto from July 24, 2015, and Defendant B.

Reasons

1. Facts of recognition;

A. On August 1, 2007, Samyang Co., Ltd. entered into a feed supply contract with Defendant A who operated a farm, and supplied Defendant A with feed, but Defendant A defaulted on June 12, 2008.

B. Around June 20, 2008, Defendant B, who sought to take over the above C farm, jointly and severally guaranteed the above feed price liability of Defendant A with respect to Samyang Co., Ltd.

C. On January 31, 2012, Samyang Co., Ltd. transferred all business including the above feed payment claim to the Plaintiff, and notified the Defendants of this content.

The balance of the above feed price claim is 179,931,249 won at present.

[Ground of recognition] Defendant B: Each entry in the confession (Article 208 (3) 2 of the Civil Procedure Act) No. 1 through 17 (including paper numbers), witness D’s testimony and overall purport of the pleading (in relation to the evidence No. 3 of this case, Defendant B asserted to the effect that Defendant B was forged by arbitrarily sealing Defendant B’s official seal, but it is not sufficient to acknowledge the only entry in the evidence No. 1 through No. 7 of this case, and there is no other evidence to acknowledge it, the above argument by the Defendant is without merit).

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 179,931,249 and the damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 12, 2015 to September 30, 2015, the day following the day when the duplicate of the complaint of this case was served to the above Defendant; and Defendant B is jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day when the duplicate of the complaint of this case was served to the above Defendant.

I would like to say.

The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery date of the copy of the instant complaint to the day of full payment, but the Plaintiff’s promotion of litigation as amended by Presidential Decree No. 26553, Sept. 25, 2015.

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