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(영문) 서울동부지방법원 2015.05.14 2014가합10708
물품대금
Text

1.(a)

Defendant A Co., Ltd. shall have 119,901,892 won and the Plaintiff’s original steel.

Reasons

1. Indication of claim;

A. Plaintiff Hosung Steel Co., Ltd. supplied Defendant A Co., Ltd. with steel equivalent to KRW 119,901,892 in total ( KRW 23,908,104 on August 10, 2012, KRW 17,514,904 on August 13, 2012, KRW 28,793,424 on August 20, 2012, KRW 23,712,084 on August 20, 2012, KRW 25,973,376 on September 5, 2012) and determined the settlement date by 12% per annum.

B. The Plaintiff’s original steel company supplied Defendant A with steel materials equivalent to KRW 9,85,69,690 in total ( KRW 28,003,052 on August 7, 2012) ( KRW 18,889,728 on September 3, 2012, KRW 27,037,010 on September 11, 2012, KRW 25,925,90 on September 12, 2012), and paid interest at KRW 12% per annum by the end of October 2012, the settlement date was set at KRW 30,000 out of the supply price ( KRW 15,500,000 on October 10, 2012), and received reimbursement from Defendant A Co., Ltd. ( KRW 16,500,000 on September 16, 201).

C. On June 25, 2012, Defendant B, the representative director of Defendant A Co., Ltd., jointly and severally guaranteed the Defendant A Co., Ltd’s obligation to the Plaintiffs of the said steel products within KRW 200 million.

Therefore, Defendant A Co., Ltd. is obligated to pay damages for delay calculated at the rate of 12% per annum pursuant to the agreement from November 1, 2012 to April 8, 2015, which is the date of delivery of a copy of the instant complaint, and 20% per annum pursuant to the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the date of complete payment, to the date of complete payment, to Plaintiff D Co., Ltd., and to pay the said money jointly with Defendant A Co., Ltd., within the limit of 200 million won. Defendant B is obligated to pay the said money within the limit of 20 million won.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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