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(영문) 서울남부지방법원 2018.10.26 2018가단220486
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,332,00 and 6% per annum from January 20, 2018 to May 8, 2018.

Reasons

1. Facts of recognition;

A. On August 3, 2017, the Plaintiff entered into a supply contract (hereinafter “instant contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) to supply ready-mixeds at the new site of the Sinan-si located in thecheon-si located in the said company (hereinafter “instant contract”). Defendant B jointly and severally guaranteed the Defendant Company’s obligation to pay ready-mixeds to the Plaintiff based on the said contract.

B. Under the above contract, from August 4, 2017 to January 19, 2018, the Plaintiff supplied ready-mixed 2,788 cubic meters to the above site of the Defendant Company and agreed to pay KRW 198,037,620 to the Plaintiff, but the Defendant Company paid only KRW 167,705,620 among them, and paid to the Plaintiff the outstanding amount of KRW 30,332,00 out of the current amount of ready-mixed.

【In the absence of any dispute, entry in Gap’s evidence Nos. 1 through 7, the purport of the whole pleadings】

2. According to the fact of fact-finding, the Defendants are jointly and severally liable to pay to the Plaintiff the outstanding amount of KRW 30,332,000, and damages for delay calculated at the rate of 6% per annum prescribed in the Commercial Act from January 20, 2017 to May 8, 2018, which is the day following the date of the final supply of the goods, to the Defendant, among the Defendants, from January 20, 2017 to May 8, 2018, and 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date

3. Conclusion of the Plaintiff’s claim against the Defendants is justified.

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