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(영문) 수원지방법원안산지원 2020.01.17 2019가단9453
보증채무금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 56,098,862 as well as the interest rate from July 5, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 2, 2008, the Plaintiff entered into a contract with D and Aluminum Co., Ltd. to supply materials, such as Aluminum. At the time, the Defendants jointly and severally guaranteed the above company’s obligation to purchase goods.

B. From January 2008 to October 2018, the Plaintiff supplied materials, such as Aluminum, to D Co., Ltd., and the amount of unpaid materials as of May 10, 2019 is KRW 56,098,862.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 56,098,862 won and damages for delay calculated at the rate of 12% per annum from July 5, 2019 to the day following the day of delivery of a copy of the complaint of this case to the day of full payment, as claimed by the Plaintiff.

3. The Defendants asserted that the lawsuit of this case should be dismissed on the grounds that the Defendants filed a petition for bankruptcy with the Suwon District Court (No. 2019Hadan11406, 2019Hadan11407).

However, there is no evidence to acknowledge that the Defendants were declared bankrupt by the above bankruptcy court.

(The above bankruptcy court did not seem to have declared the Defendants bankrupt on the basis of the closing date of the argument in this case). The above assertion by the Defendants is without merit.

4. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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