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Reasons
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(영문) 부산지방법원서부지원 2020.10.16 2019가단5480
물품대금 등
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The Defendants shall jointly and severally pay to the Plaintiff KRW 71,678,750 as well as the interest rate from November 13, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 18, 2019, the Plaintiff entered into a goods supply contract with Defendant C to supply approximately 200 tons of steel bars to J Factory New Construction Corporation. The Plaintiff jointly and severally guaranteed Defendant C’s goods payment obligation.

B. Defendant F on April 5, 2019 between the Plaintiff and the Plaintiff.

In order to secure the obligation for the cost of goods indicated in the port, the creditor and mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage 7278 square meters in Cheongju-gu, Chungcheongnam-gu.

C. However, Defendant C did not pay KRW 71,678,750 for the goods despite having been supplied with steel by the Plaintiff by April 11, 2019.

Accordingly, on April 25, 2019, Defendant G, H, and I prepared and delivered to the Plaintiff a written statement of payment promising that the said Defendants would pay the price in the event that Defendant C did not pay KRW 71,678,750 to the Plaintiff by May 10, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination as to the claim against Defendant C

A. Although the Plaintiff supplied the steel in accordance with the goods supply contract concluded between the Plaintiff and the Defendant Co., Ltd. on March 18, 2018, the Defendant Co., Ltd did not pay KRW 71,678,750 to the goods price liability. As such, the said Defendant is liable to pay the said goods price and damages for delay to the Plaintiff.

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

3. Determination on the claim against D Co., Ltd.

A. According to the above facts of recognition, Defendant D Co., Ltd., jointly and severally with Defendant C, pursuant to the joint and several guarantee agreement of this case, shall promote the lawsuit from November 13, 2019 to the date of full payment, which is the date of final delivery of the complaint of this case, to the date of full payment.

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