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(영문) 창원지방법원통영지원 2014.11.25 2014가단7574
보증채무금
Text

1. The defendant shall pay 28,359,000 won to the plaintiff and 20% per annum from June 10, 2014 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1 through 7 (including branch numbers), the plaintiff entered into a contract for the supply of the mixed feed for fish with non-party C around May 18, 2006. The defendant jointly and severally guaranteed the obligation to pay for the feed to the plaintiff under the above supply contract. The plaintiff supplied C with the mixed feed for fish until October 5, 2012 from the time when the above supply contract was entered into to October 5, 2012, and adjusted the remaining amount of the feed to KRW 73,359,000,000, around September 17, 2013; thereafter, the plaintiff settled the total amount of KRW 10,000,000 and KRW 5,000,000,0000, and KRW 300,000,000 as part of the above supply contract.

According to the above facts of recognition, the Defendant, as a joint guarantor of C, is obligated to pay the Plaintiff the unpaid feed amount of KRW 28,359,000 (=73,359,000 - 45,000,000) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 10, 2014 to the date of full payment, as sought by the Plaintiff.

2. First of all, the Defendant alleged that C paid the Plaintiff a sum of KRW 15,00,000,000 as feed price on June 7, 2012, and KRW 15,00,000,000 on July 25, 2012. Thus, in full view of the purport of the entire pleadings, the Defendant’s assertion as follows: (a) the amount of KRW 15,00,000,00,000, which was calculated as feed price on the above temporary border of the Defendant’s assertion, was paid to the Plaintiff as feed price on October 5, 2012; and (b) thus, the Defendant’s allegation as above is without merit.

In addition, the defendant is the year of transaction in the trading statement submitted by the plaintiff and the defendant for some of the plaintiff's feed payment obligations.

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