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(영문) 인천지방법원부천지원 2015.12.09 2015가단25992
물품대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 59,804,642 and Defendant A Co., Ltd. from October 6, 2015.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the grounds for the claim Gap's evidence Nos. 1, 2, and 3, the plaintiff entered into a contract for the supply of goods (hereinafter "the contract of this case") with the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") around April 2015. At the time, the defendant B jointly and severally guaranteed the defendant Co., Ltd's obligation to pay the price for the goods to the plaintiff of the defendant Co., Ltd., and accordingly, the plaintiff supplied goods to the defendant Co., Ltd. until June 30, 2015. The plaintiff did not receive KRW 59,804,642 from the defendant Co., Ltd.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 59,804,642 won and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 22, 2015 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case, as the date of supply of goods by the Plaintiff.

(A) The Plaintiff sought payment of damages for delay at the rate of 20% per annum, but the part based on the rate exceeding 15% per annum of the Plaintiff’s assertion is without merit).

A. The Defendants’ assertion 1) Upon the Defendants’ request, the Plaintiff suspended the period of repayment of the goods payment under the instant contract. 2) After the Defendants’ request, the Defendants ordered the steel construction from the Maritime Construction. The Defendants paid KRW 24,00,000 for the goods necessary for the said steel construction in advance to the Plaintiff. The Plaintiff supplied the goods to the Defendants, and the Defendants agreed to pay for the goods payment under the instant contract to the Plaintiff, as the Defendants are paid for the said steel construction.

3. Accordingly, the Defendants paid 24,000,000 won for the goods necessary for the steel framed to the Plaintiff. However, the Plaintiff did not supply the goods necessary for the said steel framed to the Defendants.

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