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(영문) 대구지방법원 서부지원 2018.05.16 2017가단60878
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 27,508,700 and Defendant A with respect thereto from February 20, 2018; and Defendant B from February 20, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures electronic equipment and engages in wholesale and retail business, and Defendant A is a person who performs installation works for air conditioners in the trade name of “C”.

B. From January 14, 2017 to May 18, 2017, the Plaintiff supplied electronic equipment, such as air conditioners, at Defendant A’s request.

C. The Plaintiff urged Defendant A to pay the price for the goods of the above electronic equipment. On June 1, 2017, Defendant A prepared a debt certificate stating that “I will confirm that the sales price of the above electronic equipment was 46,350,000 won, interest rate of arrears was 24% per annum, and the above amount was 14% from January 1, 2017 to May 18, 2017, and I will promise to repay in full,” and Defendant B signed and sealed the above certificate as a joint guarantor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the outstanding amount of KRW 27,508,700 to the Plaintiff and the amount calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 20, 2018, the day following the delivery date of the duplicate of the complaint to the day of full payment, as the Plaintiff seeks.

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

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