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(영문) 대구지방법원 2018.11.22 2018가단13414
물품대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 22,258,179, and 6% per annum from July 7, 2018 to November 22, 2018.

Reasons

The Plaintiff engaged in the manufacturing of building materials entered into a construction material supply contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”), which is a comprehensive construction company, and continued to sell the building material to the Defendant Company from July 2017 to November 2017; Defendant B, the representative director of the Defendant Company, guaranteed the Defendant Company’s obligation to pay for the goods to the Plaintiff; the Defendant Company’s debt amounting to KRW 52,258,179, which was not paid until May 29, 2018 received by the complaint of this case; the fact that the Defendant Company’s debt amounting to the goods payment amounting to KRW 20,00,000, and KRW 10,000,000 on June 15, 2018; and the remaining debt amount as of the closing date of the pleadings of this case as of July 31, 2018, has no dispute between the parties.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 22,258,179, and the amount of delay damages calculated at the rate of 6% per annum from July 7, 2018, which is the date following the final delivery of a copy of the complaint of this case sought by the Plaintiff, until November 22, 2018, which is the date of the adjudication of this case, until November 22, 2018, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

Plaintiff

The claim is justified only within the scope of the above recognition, and all remaining claims against the Defendants are dismissed.

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