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(영문) 의정부지방법원고양지원 2017.12.14 2017가단86749
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 40,828,250 won and 5% per annum from July 5, 2017 to August 14, 2017.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, the plaintiff entered into a contract for supply of ready-mixeds with Co., Ltd. on June 17, 2016 as a company that operates ready-mixed manufacturing and construction business. At the time, the defendants jointly and severally guaranteed the payment of the goods, and the plaintiff supplied ready-mixeds worth KRW 215,828,250 on November 22, 2016, and the amount of KRW 40,828,250 on the goods price was not paid.

According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 40,828,250 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from July 5, 2017 to August 14, 2017, which is the last day of service of the original original copy of the payment order of this case, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 15, 2017 to the day of full payment. Thus, the plaintiff's claim is justified.

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