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(영문) 서울중앙지방법원 2016.05.11 2015나53024
물품대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 8 as to the cause of the claim, the plaintiff entered into a contract with the defendant company (hereinafter "the defendant company") on September 12, 2013 on the sale of goods (hereinafter "the sales contract of this case") with the defendant company for the construction work of the Rural Development Administration and the defendant company shall supply the price in cash at the end of the following month after the delivery of the price. At that time, the defendant Eul jointly and severally guaranteed the defendant company's obligation to pay the price of the above goods to the plaintiff. The plaintiff supplied the defendant company with an aggregate of 509,309,877 won (including value-added tax) from October 31, 2013 to March 31, 2014 pursuant to the goods sales contract of this case. The plaintiff was paid the price of the above goods by the defendant company as 484,685 won from the defendant company.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the remaining amount of 20,669,032 won (=509,309,877 won - 488,640,845 won) and damages for delay calculated by the rate of 20% per annum under the Commercial Act from December 16, 2014 to March 3, 2015, which is obvious that the original copy of the instant payment order was served on the defendants from the date of delivery of the original copy of the instant payment order to the date of full payment, to March 3, 2015.

2. The defendants' defenses by the defendants are not supplied from time to time by the plaintiff, and only the basic type (large 1,000m) body is supplied by the plaintiff, and the main body of other specifications (large 800m, 850m, 900m, etc.) is not supplied, so it is possible for the defendant company to change the work order according to the execution of construction work after being supplied with the above main body by another company. In addition, human resources and equipment are additionally inputd and added due to delay of construction.

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