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(영문) 부산지방법원서부지원 2020.07.23 2019가합659
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 261,261,102 and the interest rate thereon from October 31, 2019 to the date of full payment.

Reasons

According to the purport of Gap evidence Nos. 1 through 3 (if the plaintiff has a serial number omitted), the plaintiff entered into a product supply contract with the defendant B Co., Ltd. (hereinafter "the defendant company") to continue to supply chemical drugs, which are the plaintiff's products, around 2016. Accordingly, the plaintiff supplied the defendant company with goods equivalent to KRW 26,1260,102 to the defendant company from March 2019 to July 31, 2019, and the defendant C entered into a contract with the defendant for joint and several surety to pay the above amount of goods under the above contract with the defendant company on July 31, 2019.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 26,1260,000 won for goods and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 31, 2019 to the day of full payment, as requested by the plaintiff, which is the day following the delivery of the original copy of the payment order, as well as after the payment date.

The Defendants asserted as to the Defendants’ assertion that the Defendant Company may refuse the performance of the goods payment obligation and the guaranteed obligation, on the other hand, since the Defendant Company did not yet discontinue its business. However, it cannot be said that the above reasons alone can not be viewed as refusing the performance thereof.

The defendants' assertion is without merit.

Therefore, the plaintiff's claim against the defendants is justified.

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