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(영문) 전주지방법원 2018.05.29 2018가단1188
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 37,771,70 and the interest rate thereon from December 27, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

(a) The following facts are found to be recognized, either in dispute between the parties or in Gap evidence 1 to 3 (including paper numbers) by integrating the purpose of the entire pleadings:

1) On January 1, 2017, the Plaintiff entered into a contract to supply ready-mixed at the site of the Urban-type Residential Housing Construction Project (hereinafter “instant supply contract”) if Defendant Taejin-gun and Jeonbuk-gun.

The Defendant limited liability company entered into a contract. The continental development of the Defendant limited liability company jointly and severally guaranteed the obligation to pay goods under the instant supply contract against the Plaintiff of Taejin integrated Construction Co., Ltd. (2) The amount which the Plaintiff was not paid out of the amount of ready-mixed supplied under the instant supply contract from January 6, 2017 to July 28, 2017 is KRW 37,771,700.

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 37,771,700, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 27, 2017 to the date of full payment, as sought by the Plaintiff.

2. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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