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(영문) 창원지방법원 2016.11.22 2016가단10172
물품대금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 37,081,440 and its amount from July 12, 2016 to the date of complete payment.

Reasons

1. The assertion and judgment

A. The plaintiff's assertion that the plaintiff supplied ready-mixed equivalent to 37,081,440 won in total to defendant A Co., Ltd. (hereinafter "Defendant A"), and the defendant B jointly and severally guaranteed the defendant Eul's obligation to pay the above goods, so the defendants jointly and severally are liable to pay 37,081,440 won in total to the plaintiff.

B. Determination 1) The fact that the Plaintiff provided ready-mixed 37,081,440 won in total to Defendant A does not conflict between the parties, or that the Plaintiff added the amount of KRW 37,081,440 to the entire pleadings. As to the amount of KRW 37,081,440 in goods and the amount of KRW 37,081,440 in total, as requested by the Plaintiff, Defendant A is obligated to pay to the Plaintiff the amount of damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 12, 2016 to the date of full payment. 2) The Plaintiff supplied Defendant A with ready-mixed 37,081,440 won in total to the Defendant at the time of the contract on the supply of goods and the amount of damages for delay which the Plaintiff requested to pay to the Plaintiff as the maximum amount of KRW 350,500 in total and joint surety at the time of the contract on the supply of goods.

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