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(영문) 대전지방법원공주지원 2016.06.30 2015가단3128
물품대금
Text

1. The Defendants jointly and severally construct 84,239,728 won to the Plaintiff as well as Defendant Minh Construction from April 1, 2015.

Reasons

1. According to the overall purport of evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff entered into a contract for the supply of goods with the Plaintiff on March 2, 2015, under which the Plaintiff would supply KRW 560,00 per ton of the steel bars 250 ton between the Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Defendant Civil Construction Co., Ltd (hereinafter “Defendant Civil Construction”), and the Plaintiff would pay the price by March 30, 2015. The Defendant YAD Co., Ltd. (hereinafter “Defendant YA”) jointly and severally guaranteed the Defendant’s goods payment obligation. The Plaintiff supplied the steel bars amounting to KRW 185,672,480 to the Defendant Civil Construction, supplied the total amount of KRW 185,672,480, and received KRW 204,207,300,000 from the supply price and tax amount of KRW 30,208,000.

According to the above facts, the Defendants are jointly and severally liable to pay 84,239,728 won (=204,239,728 won-120,000 won) and damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, following the Plaintiff’s seek for the payment of the goods and tax amount that the Plaintiff had not jointly and severally paid to the Plaintiff (i.e., 204,239,728 won-120,000,000 won) and from April 1, 2015, to the Defendant’s construction, until December 29, 2015, the service date of the original copy of the instant payment order for the instant case, to the Defendant’s construction, until December 30, 2015, respectively.

2. According to the conclusion, the plaintiff's claim against the defendants is well-grounded, and it is so decided as per Disposition.

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