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(영문) 서울중앙지방법원 2017.04.25 2016가합560907
물품대금
Text

1. The Defendants shall jointly and severally serve the Plaintiff KRW 385,210,207 and the original copy of the judgment shall be served on the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff is a company engaged in manufacturing and selling building materials, and Defendant A (hereinafter “Defendant Company”) is a company engaged in wholesale and retail business of building materials, and Defendant B is an internal director of the Defendant Company.

B. The Plaintiff entered into a goods supply contract with the Defendant Company and supplied the Defendant Company with building materials equivalent to KRW 585,210,207 by August 2016, and the Defendant B jointly and severally guaranteed all obligations owed to the Plaintiff by the Defendant Company.

C. Therefore, as the principal obligor, the Defendant Company is jointly and severally liable for payment of the amount of KRW 385,210,207, the amount of the goods unpaid to the Plaintiff as a joint and several surety, calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of the original judgment to the day of full payment, as sought by the Plaintiff.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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