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(영문) 전주지방법원 2016.09.06 2016가단17653
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 28,414,00 and the Defendants limited liability company B from July 14, 2015 to July 14, 2016.

Reasons

1. On June 16, 2015, the Plaintiff and the Defendant Limited Company B (hereinafter “Defendant Company”) entered into a contract with the Defendant Company to supply others and subsidiary materials, etc. at the site of “new construction works for accommodation facilities in the Jeonjin-gu Seoul Special Metropolitan City D”) contracted by the Defendant Company from the Defendant Company, and Defendant C guaranteed the obligation to pay the above goods. The Plaintiff supplied goods of KRW 28,414,00 in total to the Defendant Company from June 16, 2015 to July 11, 2015, but the Plaintiff did not dispute between the parties, or the Defendant Company did not pay the above goods to the Plaintiff, taking full account of the overall purport of arguments as stated in the evidence Nos. 1, 2, and 3.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 28,414,00 and damages for delay calculated at the rate of 15% per annum as stipulated in the Special Act on the Promotion, etc. of Legal Proceedings, respectively, from July 14, 2015 to June 27, 2016, as they were served on the Defendants by the complaint of this case from July 14, 2015 to the date when the Plaintiff supplied the said goods to the Defendant company.

2. As to the defendant C's defense, since the above defendant set up the highest and search defense, there is no proof as to the facts that the defendant, the principal debtor, has the ability to pay, and that it is easy to execute, the above defense is without merit.

3. Conclusion, the Plaintiff’s claim against the Defendants is justified.

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