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(영문) 서울중앙지방법원 2020.07.06 2020가단5015402
물품대금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 48,620,537, and 5% per annum from February 12, 2020 to July 6, 2020.

Reasons

1. From January 5, 2018 to March 6, 2020, the Plaintiff supplied goods, such as assembly-type teams, to Defendant B Co., Ltd. from January 5, 2018. The amount of goods unpaid until January 14, 2020 was KRW 64,072,363, and the amount of goods unpaid was additionally supplied as KRW 438,174 on March 6, 2020. The fact that Defendant C and D guaranteed the Plaintiff’s joint and several liability for the payment of the goods above the Defendant Co., Ltd. to the Plaintiff is either disputing parties or the Defendants, and it can be recognized by comprehensively taking account of the overall purport of pleadings in each of the statements in the evidence No. 1 and 5, and No. 1.

Meanwhile, in full view of the purport of the entire pleadings in Eul evidence Nos. 1, 2020, Defendant B Co., Ltd. paid KRW 15,890,000,000 to the Plaintiff on January 31, 2020, KRW 1,060,000 on February 1, 2020, KRW 3,700,000 on March 3, 2020, and KRW 10,000,00 on March 31, 200, respectively. Thus, the Defendants’ defenses are with merit.

2. Therefore, the defendants are jointly and severally liable to pay to the plaintiff 48,620,537 won (=64,072,363 won +438,174-15,890,000 won) payable as of March 31, 2020 and damages for delay calculated at each rate of 12% per annum under the Civil Act from February 12, 2020 to July 6, 2020, which is the date of the final delivery of the copy of the complaint of this case, where it is deemed reasonable for the defendants to dispute the existence and scope of the obligations.

3. If so, the plaintiff's claim against the defendants against the defendants is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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