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(영문) 대구지방법원 2016.11.17 2016가단12806
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 25,176,366 won and 6% per annum from March 1, 2015 to June 20, 2016.

Reasons

1. The judgment on the Plaintiff’s claim is a company engaged in ready-mixed and asphalt manufacturing business. On August 7, 2014, the Plaintiff entered into a contract for the supply of ready-mixed at the construction site located in Daegu North-gu, Seoul-gu, 2014, and the Plaintiff failed to pay KRW 25,176,366 out of the amount of goods supplied to the Defendant A from August 2014 to February 2015 under the above contract, and the Defendant B jointly and severally guaranteed the Defendant’s obligation to pay the above goods to the Plaintiff, or may be recognized by the statement in the evidence No. 1 through No. 4.

2. As to the Defendant B’s assertion, Defendant B asserted that, without hearing any explanation on the joint and several sureties, Defendant B did not even bear any financial obligation in the future from the person in charge of the Plaintiff, but Defendant B also recognized that the fact that Defendant B written the name of the joint and several sureties and signed as the joint and several sureties is recognized.

It is difficult to believe that the plaintiff's assertion that he would not hold monetary responsibility even though he/she is required as a joint and several surety is belonging to this example, and therefore it is difficult to believe it.

3. If so, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 25,176,366 of the goods price and damages for delay calculated at the rate of 6% per annum under the Commercial Act from March 1, 2015 to June 20, 2016, which is the date of delivery of a copy of the complaint, from June 20, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is from June 21, 2016 to the date of payment. Thus, the Plaintiff’s claims against the Defendants are accepted for all of them.

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