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(영문) 의정부지방법원 2019.11.29 2019가단12503
물품대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 15,564,811 and the Plaintiff’s annual rate of 5% until August 19, 2019, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a merchant who supplies building materials, etc. in the trade name E.

B. Defendant C Co., Ltd. (hereinafter “Defendant B”) is a project owner who has carried out the new construction of a building on the ground of the F and three parcels of land, both F and E, in leisure city in Gyeonggi-do, and Defendant C is a representative director of Defendant B, and Defendant D is a father of Defendant C.

C. The Plaintiff supplied goods, such as sand site board and subsidiary materials, to the construction site at the above site, and the Defendants agreed to jointly and severally pay the full amount of the goods by February 22, 2019.

The total amount of the goods supplied by the Plaintiff at the above construction site is KRW 5,564,81; the total amount repaid by the Defendants is KRW 40,00,000; and the amount of KRW 15,564,811 remains unpaid until the closing date of pleadings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to evidence 6, purport of whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 15,564,811, and damages for delay calculated at the rate of 5% per annum under the Civil Act, as claimed by the Plaintiff, from February 23, 2019 to August 19, 2019, when the last copy of the complaint of this case was served on the Plaintiff from February 23, 2019, and 12% 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.

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

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