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(영문) 서울서부지방법원 2016.08.09 2016가단13744
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 67,00,000 and the interest rate of KRW 15% per annum from April 16, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff from January 1, 2014 to the same year

8. up to 30.30. Along with the supply of an adolary clothing product amounting to KRW 90,000,000 in total to C, the price has not been paid.

B. On July 15, 2014, C promised to pay the price for the goods as above to the Plaintiff, the Defendant prepared the said amount of KRW 60,000,000 on the date of payment at KRW 10,000,000 on November 25, 2014 on the date of payment at KRW 5,000,000 on the date of payment at KRW 5,000,000 on the date of payment at KRW 10,000 on the date of payment at KRW 5,00,000 on February 25, 2015, and signed on the date of payment at KRW 10,000 on KRW 10,00 on April 25, 2015, KRW 10,000 on the date of payment at KRW 10,000,000 on May 25, 205, 205.

C. C promised to pay the price for the above goods to the Plaintiff on the same day, and at the same time, upon paying the said amount on each of the above dates, C shall pay the said amount to the Plaintiff. If the payment is not performed, C shall have the guarantor pay the said amount on October 20, 2014 on the payment date of KRW 10,000,000,000 on December 20, 2014, the payment date of KRW 10,000,000 on December 20, 2014, and the Defendant shall write out a letter of loan with the Defendant as the guarantor.

C The balance of the price for the goods is KRW 67,00,000 after repayment of KRW 23,000 among the above price for the goods.

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

2. According to the above facts of determination, since the defendant guaranteed the payment of the price for the goods to the plaintiff, the defendant is obligated to pay the remaining amount of KRW 67,00,000 and damages for delay at the rate of KRW 15% per annum from April 16, 2016 to the date of full payment.

On July 15, 2015, the defendant was unaware of the contents of the above loan certificate at the time of signing each loan certificate as the surety, and became a signature by coercion. Therefore, the above guarantee is guaranteed.

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