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(영문) 대전지방법원천안지원 2015.05.13 2015가단3897
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 79,080,655 as well as the interest rate from February 25, 2015 to the date of full payment.

Reasons

1. The Plaintiff’s determination as to the cause of the claim may be acknowledged by comprehensively taking account of the following: (a) the Plaintiff supplied the construction materials to Defendant A Co., Ltd. from March 10, 2014 to July 31, 2014; and (b) the price for the construction materials not received from the said Defendant remains KRW 79,080,655; and (c) the Defendant B agreed to pay KRW 79,080,655 to the Plaintiff on October 13, 2014 jointly and severally with the Defendant A Co., Ltd. for payment of KRW 79,080,65 of the price for the said unpaid construction materials by December 30, 2014, either there is no dispute between the parties or the entire purport

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the above construction material price of KRW 79,080,655 and damages for delay calculated at the rate of 20% per annum from February 25, 2015 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order sought by the Plaintiff.

2. The Defendants’ assertion as to the Defendants is alleged to have a duty to pay only the amount reduced by 10% of 77,061,055 won since the Plaintiff’s non-payment of construction materials supplied exceeds KRW 77,061,055, and the unit price of supply exceeds the amount of 77,061,055 won compared to other businesses. However, there is no evidence proving the above assertion, and the Defendants’ assertion

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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