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(영문) 인천지방법원 2018.04.26 2017가단207054
물품대금
Text

1. The Defendant’s KRW 99,50,657 as well as 6% per annum from August 1, 2016 to January 23, 2017 to the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1 through 10 and Eul evidence 1 (including additional numbers), the plaintiff supplied ready-mixeds equivalent to KRW 1,089,640,660 under joint and several sureties's joint and several sureties to defendant A from July 2015 to June 2016, and the defendant A agreed to pay the plaintiff the price for ready-mixed by the end of the month following the month when the plaintiff was supplied with ready-mixed. The defendant A did not pay KRW 99,50,657 out of the price for the above ready-mixed to the plaintiff up to the present.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 99,50,657, which is the day following the date on which the Plaintiff’s final payment period for the payment of the instant ready-mixed, which is the day after August 1, 2016, which is the day following the date of delivery of the original copy of the instant payment order, to January 23, 2017, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Plaintiff’s claim of this case is justified and thus

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