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(영문) 수원지방법원여주지원 2015.03.19 2013가합3599
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 858,876,468 and the interest thereon from December 11, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 2010, the Plaintiff entered into a mutual joint and several guarantee agreement with Defendant A Co., Ltd. (hereinafter “A”) and limited liability companies B (hereinafter “B”) on the terms that the said Defendants assumed based on the contract agreement entered into with the Plaintiff, and that each of the said Defendants’ joint and several guarantee agreements is to jointly and severally guarantee the purchase price of goods, bills and checks, including promissory notes, and all other obligations, and Defendant D, E, F, and G have jointly and severally guaranteed obligations under the said contract.

B. The Plaintiff supplied goods to Defendant B by July 31, 2013 under the above contract, but did not receive KRW 858,876,468 out of the price.

【Defendant A, B, D, E, and F: Defendant G with Evidence Nos. 1 through 6 (including paper numbers): Article 150 (Confession) of the Civil Procedure Act

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 858,876,468 as well as damages for delay calculated at the rate of 20% per annum from December 11, 2014 to the day of full payment, which is the day following the last delivery to the Defendants.

3. Thus, the plaintiff's claim is justified.

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