logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2017.11.22 2017가단16570
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,00,000 and the interest rate of KRW 15% per annum from September 6, 2017 to the date of complete payment.

Reasons

1. The following facts are acknowledged as either in dispute between the parties or in full view of the purport of the entire arguments in Gap evidence Nos. 1 to 3, and there is no counter-proof.

On July 11, 2016, the Plaintiff entered into a contract with the Sejong General Construction Co., Ltd. (hereinafter “Seong General Construction”), under which the Plaintiff would produce and deliver the oil-type cargo lifts in the amount of KRW 154 million (including value-added tax) to the non-party company (hereinafter “instant contract”). On the same day, the Defendant agreed to guarantee the obligation of the non-party company under the instant contract.

B. The Plaintiff produced and supplied cargo lifts under the instant contract, and the Nonparty Company paid only KRW 110 million out of the price to the Plaintiff.

2. According to the fact of the above recognition, the defendant is a guarantor of the above debt owed to the plaintiff of the non-party company under the contract of this case, and the non-party company is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 6, 2017 to the date of full payment, as the date following the date of delivery of the payment order of this case to the defendant, as requested by the plaintiff, as a guarantor of the above debt owed to the plaintiff of the non-party company under the contract of this case.

Therefore, the plaintiff's claim of this case seeking its implementation is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

arrow