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(영문) 수원지방법원 2018.07.04 2018가단1175
물품대금
Text

1. Defendant B Co., Ltd.: (a) KRW 177,486,600 for the Plaintiff and 6% per annum from April 7, 2017 to December 15, 2017.

Reasons

1. According to the purport of Gap evidence Nos. 1 and 2 as to the claim against the defendant company, it is recognized that the plaintiff supplied the building materials equivalent to KRW 177,486,60 to the defendant company until April 6, 2017 according to the material supply contract with the defendant company.

Therefore, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 177,486,60, and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from April 7, 2017 to December 15, 2017, which was served on the Defendant Company with the original copy of the instant payment order, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. As to the claim against Defendant C, the Plaintiff asserted to the effect that he/she jointly and severally guaranteed the Defendant C’s obligation to pay the construction materials to the Plaintiff, as described in paragraph (1), but it is insufficient to recognize the above assertion only with the descriptions of subparagraphs 1 and 2, and there is no other evidence to acknowledge it.

3. The plaintiff's claim against the defendant company is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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