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(영문) 창원지방법원밀양지원 2016.08.23 2016가단13
물품대금등
Text

1. The Plaintiff:

A. Defendant A’s KRW 24,946,90 and interest rate of KRW 15% per annum from May 11, 2016 to the date of full payment.

Reasons

Facts of recognition

The Plaintiff supplied concrete block, etc. equivalent to KRW 62,946,90 to the construction site that Defendant A implemented, and only received KRW 38,00,000 out of the above supply price, and the remainder of KRW 24,946,90 has not yet been paid.

On February 10, 2015, Defendant B drafted and awarded to the Plaintiff a payment guarantee of the price of goods with the following content:

According to the fact that the defendants' obligation to pay the price of supplied goods is recognized as the whole of the statements and arguments in subparagraphs A through 4 of the grounds for recognition 【The defendant A is obligated to pay the plaintiff the price of supplied goods unpaid to the plaintiff 24,946,90 won and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from May 11, 2016 to the date following the delivery date of a copy of the complaint of this case to the date of complete payment.

Furthermore, Defendant B, jointly and severally with Defendant A, is jointly and severally liable to pay to the Plaintiff KRW 9,107,490 and the damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 2, 2016 to the day of full payment, as the Plaintiff seeks.

The Plaintiff seek damages for delay from July 11, 2015, which is the day following the final repayment date of Defendant A, to the delivery date of a copy of the instant complaint.

However, the defendants' obligation to pay the above price of delivered goods is a debt with no fixed time, and the obligation to pay the above price of delivered goods arises from the creditor's request for performance. It is no reason to view that the plaintiff requested the defendants to pay the above price of delivered goods prior to the filing of

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