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(영문) 울산지방법원 2018.04.12 2018가단656
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,495,880 and the interest rate of KRW 15% per annum from December 21, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the evidence and the purport of the entire pleadings as follows: (a) upon entering into a contract with the Plaintiff to supply ready-mixed to Company B on April 7, 2017, the Plaintiff and the Defendant jointly and severally guaranteed the obligation to pay ready-mixed amount to the Plaintiff of the Plaintiff, and (b) on April 10 and May 27, 2017, the Plaintiff supplied ready-mixed amounting to KRW 44,495,880 in total to Company B on April 10, 2017, and on May 27, 2017, but did not receive the payment. As such, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the annual rate of 15% as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc. from the day immediately following the delivery date of the complaint of this case to December 21, 2017 to the day of full payment.

2. As to this, the defendant asserts that the person who used ready-mixed supplied by the plaintiff is "B" and "B", a corporation which is a contractor, and that he/she is a joint guarantor in the contract only formally without any interest. Thus, even if he/she decides by means of a false conspiracy, he/she is unable to respond to the plaintiff's request, there is no evidence to acknowledge that the defendant's joint and several liability corresponds to the false conspiracy, and the defendant'

3. The plaintiff's claim is justified and accepted.

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