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(영문) 부산지방법원 2016.08.31 2015가합5838
물품대금
Text

1. Defendant B shall pay to the Plaintiff KRW 210,00,000 and the interest rate of KRW 15% per annum from July 2, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Defendant A is a person registered as a representative director on February 19, 2014 from Co., Ltd. (formerly: D: hereinafter “C”) for the purpose of wholesale and retail business, etc. of petroleum products, and Defendant B is a person who has worked in C.

B. From November 15, 2013 to January 29, 2014, the Plaintiff supplied C with gasoline, light oil, etc. on credit under Defendant B’s joint and several sureties, and the amount of unpaid goods is KRW 210 million.

【Defendant A: A: A without any dispute, entry of evidence Nos. 5 and 7, and the purport of the whole pleadings

2. The plaintiff asserts that the judgment on the claim against the defendant A is jointly and severally liable for payment of KRW 210 million to the plaintiff, since the defendant A jointly and severally guaranteed the goods payment obligation of the defendant A.

It is not sufficient to recognize that Defendant A comprehensively guaranteed the obligation to purchase goods against the Plaintiff that will occur in the future only with the descriptions of evidence No. 4, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim against the defendant A cannot be accepted.

3. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from July 2, 2015 to the date of full payment, which is the following day after the original copy of the instant payment order was served on Defendant B, as the Plaintiff sought.

4. In conclusion, the plaintiff's claim against the defendant A is dismissed as it is without merit, and the claim against the defendant B is justified, and it is so decided as per Disposition.

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