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(영문) 서울중앙지방법원 2017.01.26 2016가합557420
물품판매대금
Text

1. The Defendant’s KRW 228,813,200 as well as 6% per annum from May 16, 2016 to August 23, 2016 to the Plaintiff.

Reasons

1. On December 18, 2015, the Plaintiff entered into a supply contract with Pakistan (hereinafter “PSI”) around December 18, 2015, and the Defendant jointly and severally guaranteed the obligation of PSI under the supply contract with respect to the PSI, the price for the goods supplied from the first to the 15th day of each month shall be paid on the last day of the relevant month, the price for the goods supplied from the 16th day of each month to the 15th day of the following month, and the fact that the PSI entered into a supply contract with the 228,813,200 won among the goods supplied from the time the PSI date to April 22, 2016 does not conflict between the parties.

According to the above facts, the defendant as a joint and several surety is obligated to pay the plaintiff the above 228,813,200 won and damages for delay calculated by the ratio of 6% per annum under the Commercial Act from May 16, 2016 to August 23, 2016, which was the day following the date of the payment of the final contract, to the defendant, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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