(영문) 수원지방법원 2017.01.11 2016가단508900

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(영문) 수원지방법원 2017.01.11 2016가단508900

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 54,549,605 and the interest rate thereon from August 10, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 19, 2012, the Plaintiff concluded a sales contract with Defendant A to pay advance payment of KRW 74,910,585, and to deduct the amount of goods, such as the strike supplied by Defendant A from the aforesaid advance payment (hereinafter “instant contract”).

B. According to the instant contract, the remaining advance payment at the time when the transaction, such as the termination of the contract, is terminated, shall be immediately returned.

C. The transaction between the Plaintiff and the Defendant was interrupted on September 25, 2015. The remainder that Defendant A shall return to the Plaintiff at the time is KRW 54,549,605.

Defendant B jointly and severally guaranteed the Defendant A’s obligations under the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and the purport of the whole pleadings [the defendant Eul voluntarily signed and sealed the defendant Eul's joint and several liability column of evidence Nos. 1 and 5 (each contract) and forged it. However, there is no evidence to prove that the whole document's authenticity is presumed to have been established due to the lack of dispute on the part of the defendant Eul's seal, and there is no evidence to prove that the above defendant's seal was affixed on the joint and several liability column of each contract against the defendant Eul's will];

2. According to the determination and conclusion, Defendant A is a party to the instant contract, and Defendant B is jointly and severally liable to pay to the Plaintiff the remainder advance payment of KRW 54,549,605 as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 10, 2016 to the date of full payment, as the Plaintiff seeks.

If so, the plaintiff's claim is justified.

참조조문

-소송촉진 등에 관한 특례법

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