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(영문) 전주지방법원남원지원 2019.05.01 2019가단181
물품대금
Text

1. The Defendant is jointly and severally with D to KRW 37,88,913 and the interest rate of KRW 15% per annum from March 23, 2019 to the date of full payment.

Reasons

The plaintiff entered into a contract with D and D for the supply of agricultural materials to D, and the defendant jointly and severally guaranteed D's obligation to pay for the goods under the above contract.

According to the above contract, the interest calculated at the rate of 9% per annum from January 1 of the following year to the last day of February after the year when the plaintiff supplied agricultural materials to D, and the overdue interest calculated at the rate of 16% per annum from the following day to the date of full payment.

From February 6, 2015 to September 27, 2017, the Plaintiff supplied D agricultural materials equivalent to KRW 30,545,396. As of December 11, 2018, the sum of interest and overdue interest under the supply contract for agricultural materials is KRW 7,343,517.

Therefore, the defendant is jointly and severally liable with D to pay the total amount of KRW 37,88,913 (=30,545,396 Won 7,343,517) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 23, 2019 to the day of full payment, as the plaintiff seeks.

The plaintiff's claim is legitimate and accepted.

[Inasmuch as the Defendant received notification of the date by public notice pursuant to Articles 194 through 196 of the Civil Procedure Act and did not appear on the date of pleading, only the matters necessary to specify the claim pursuant to Article 208(3)3 of the Civil Procedure Act shall be written in the reasoning of the judgment]

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