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(영문) 수원지방법원안산지원 2015.02.12 2014가합960
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 215,908,619 and the interest rate thereon from January 11, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of the claim No. 1 [Defendant A Co., Ltd. (hereinafter “Defendant A”) marked in the goods supply contract and “consumer” as rubber.

() The following stamp image of Defendant A’s name is without dispute between the Plaintiff and the Defendant, and according to the evidence No. 11, it is recognized that Defendant A’s signature was completed in Defendant B’s joint guarantor column. Thus, the authenticity of the entire document is presumed to have been established, considering the overall purport of the pleadings as to the entries in the evidence No. 2 and No. 108, the Plaintiff agreed to continuously supply the construction materials to Defendant A around 2008. The Plaintiff claimed the price of the goods based on the delivery portion by the last day of the following month, and the Plaintiff agreed to pay the goods in cash or in bills by the last day of the following month. Defendant A, the actual operator of Defendant A, agreed to jointly and severally guarantee the Plaintiff’s joint and several debt obligations on the same day. The Plaintiff continued to supply the above goods by continuously supplying them from around 2008 to February 201, and received some payments from Defendant A to the Plaintiff, and the Plaintiff’s claim against the Defendant for payment of the goods is recognized as the Plaintiff’s total cause of payment.

Therefore, Defendant A and Defendant B, a joint and several surety, jointly and severally, are liable to pay to the Plaintiff 215,908,619 won in total of the accrued goods and damages for delay at the rate of 20% per annum from January 11, 2014 to the day of full payment, as requested by the Plaintiff, from the day following the delivery of a copy of the complaint of this case to the day of full payment.

2. In conclusion, the plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition by the assent of all.

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