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(영문) 수원지방법원 2017.04.13 2017가단2577
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 136,232,40 and the interest rate thereon from December 31, 2016 to the date of full payment.

Reasons

From September 19, 2016 to November 17, 2016 of the same year, the Plaintiff engaged in the business of manufacturing concrete products supplied eco-friendly waterways to Defendant A Co., Ltd. (hereinafter “D”), and Defendant B and C provided a joint and several surety for the goods payment obligations owed by D to the Plaintiff. D paid only KRW 15,00,000 out of the supplied eco-friendly waterway payment, and D did not pay the remaining goods payment of KRW 136,232,400, out of the supplied eco-friendly waterway payment, it can be acknowledged in full view of each of the arguments described in subparagraphs 1 through 5 (including the number of each party).

According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 136,232,40 won of the above goods and damages for delay calculated at the rate of 15% per annum from December 31, 2016 to the day of full payment, which is the day following the day when a document corresponding to the instant complaint was served on the Plaintiff.

As to this, the Defendants asserted that the Plaintiff’s claim in this case is unfair since the Plaintiff’s new Young-gu Co., Ltd. (hereinafter “new Young-gu”) received the government subsidy, the Plaintiff would be paid the price for the goods and supplied eco-friendly waterway to the Defendant as above, and the government subsidy was not yet paid.

However, there is insufficient evidence to acknowledge the Defendants’ assertion that the Plaintiff had to receive the said goods after receiving the national subsidy from the National Treasury. There is no other evidence to acknowledge the said assertion.

The above assertion by the Defendants is without merit.

Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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