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(영문) 대전지방법원 논산지원 2018.01.25 2017가단2420
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,978,873 and the interest rate of KRW 15% per annum from September 6, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, from March 25, 201 to December 31, 2013, supplied the pipe of a pipe for a plastic house to B (hereinafter “B”) a company that installs a vinyl house, etc. from March 25, 201 to December 31, 2013. The price for the goods is KRW 43,978,873 in total.

B. B paid KRW 10 million to the Plaintiff on September 30, 2014. On July 13, 2015, the payment confirmation was prepared and made to promise to pay KRW 33,978,873 of the balance of the goods price up to December 31, 2015, and the Defendant, who is the representative director B, signed and sealed the said payment confirmation as a joint and several surety.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant, as a joint and several surety of B, is obligated to pay the plaintiff the balance of the goods price of KRW 33,978,873 as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 6, 2017 to the day of full payment, which is clear that it is the day following the delivery of the instant payment order

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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