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(영문) 대전지방법원 2015.08.28 2015가단210245
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 121,239,366 and KRW 27,741,850 among them. From April 16, 2015.

Reasons

1. Facts of recognition;

A. On October 20, 1997, Defendant A entered into an automobile sales contract with Samsung Commercial Vehicle Co., Ltd., and Defendant B, on the same day, jointly and severally guaranteed Defendant A’s obligation to purchase money to Defendant Samsung Commercial Vehicle Co., Ltd.

B. The Plaintiff received the aforementioned claim for the purchase price against the Defendants of Samsung Commercial Co., Ltd. as of August 25, 2014, the principal of the purchase price claim is KRW 27,741,850, and the principal and interest of the purchase price claim are KRW 121,239,366.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 121,239,366 and KRW 27,741,850, whichever is the day following the delivery of a copy of the instant complaint, to the day of full payment. Thus, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum from April 16, 2015 to the day of full payment, which is the day following the delivery of a copy of the instant complaint. Accordingly, the Plaintiff’s claim of this case is

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