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(영문) 대전지방법원천안지원 2016.11.16 2016가단12003
물품대금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff KRW 55,438,79 as well as 6% per annum from March 1, 2015 to August 31, 2016.

Reasons

On January 16, 2015, the Plaintiff supplied the Defendant with an amount equivalent to KRW 61,265,494 (including value-added tax) necessary for the new construction of facilities related to animals and plants located in Ansan-si, and entered into a contract with the Defendant to pay the price to the Plaintiff by the end of the following month supplied by the Defendant. B, at the time of the above contract, guarantees the Defendant’s joint and several obligation to pay the price to the Plaintiff. The Plaintiff paid an amount equivalent to KRW 61,265,494 (including value-added tax) to the Defendant on or around January 16, 2015, either there is no dispute between the parties or may be acknowledged by comprehensively taking into account the entire purport of the pleadings in the statement in subparagraphs 1 through 4.

On the other hand, the plaintiff is a person who has received the remainder except KRW 55,438,79 from the price of the above contract.

Therefore, the defendant is jointly and severally liable with B to pay to the plaintiff 5,438,79 won due and delay damages calculated at the rate of 6% per annum prescribed by the Commercial Act from March 1, 2015 to August 31, 2016, which is the delivery date of a copy of the complaint in this case from March 1, 2015, and 15% per annum from the next day to the day of full payment.

In this regard, the defendant asserts that B is responsible only for B, and the defendant himself is not able to respond to the plaintiff's request, since B actually performs his obligation to pay for assembly-type panels and subsidiary materials to the plaintiff and actually uses buildings where assembly-type panels and subsidiary materials are used.

However, the defendant's argument does not constitute a legal ground to refuse the plaintiff's claim even if the facts alleged are recognized.

The defendant's argument is without merit.

The plaintiff's request is accepted.

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