(영문) 서울동부지방법원 2018.11.28 2018가단128099

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(영문) 서울동부지방법원 2018.11.28 2018가단128099

물품대금

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1. The Defendants are jointly and severally liable to the Plaintiff for 92,410,000 won and 20% per annum from January 18, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On August 28, 2017, the Plaintiff supplied 85,90,000 won with the board, aftercing and related subsidiary materials to Defendant B, and entered into a contract for the supply of goods to receive the price of the goods on September 14, 2017 and to receive the overdue interest calculated at a rate of 20% per annum if the payment is delayed (hereinafter referred to as “the first contract for the supply of goods”). The Defendant C jointly and severally guaranteed the Defendant B’s obligation under the said contract.

B. The Plaintiff supplied goods to the Defendant on September 4, 2017 and September 6, 2017 under the instant first goods supply contract.

C. On September 21, 2017, the Plaintiff entered into a contract with Defendant B on the same terms and conditions as the instant first goods supply contract (hereinafter “instant second goods supply contract”) under which the Plaintiff would supply the board, aftermathing, and relevant subsidiary materials to KRW 9,460,000 (hereinafter “the instant second goods supply contract”). The Defendant C guaranteed the Defendant B’s obligation under the said contract.

The Plaintiff supplied goods under the instant secondary goods supply contract to the Defendant on September 21, 2017 in accordance with the instant secondary goods supply contract.

E. However, the Defendant paid to the Plaintiff totaling KRW 2,950,000,000 on January 8, 2018, and KRW 17.2,00,000 on January 17, 2018, and did not pay the remainder of the goods.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 5, purport of the whole pleadings]

2. According to the above facts, Defendant B is a principal debtor, and Defendant C is jointly and severally liable to pay to the Plaintiff the remaining amount of KRW 92,410,00 (=95,360,000 (=9,460,000) - 2,950,000) and interest calculated at the rate of 20% per annum, which is the overdue interest rate, from January 18, 2018 to the date of full payment after the end of the transaction.

3. The plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

유사 판례

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