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(영문) 인천지방법원 부천지원 2017.01.17 2016가단24279
보증채무금
Text

1. The Defendant’s KRW 12,379,408 with respect to the Plaintiff and KRW 6% per annum from August 23, 2016 to September 28, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the plaintiff is a corporation operating a manufacturing business, etc., the defendant is a representative director of Eul Co., Ltd. (hereinafter "B"), and the plaintiff has been engaged in the transaction of supplying electric motor parts, etc. to Eul. The price of goods which was not paid from Eul reaches KRW 27,379,408. The plaintiff was prepared and delivered a letter to the defendant on July 14, 2016 that the plaintiff was jointly and severally liable for the payment of the above goods to the plaintiff (hereinafter "each of the above cases"). The plaintiff was issued a provisional attachment order with the Incheon District Court 2016Kadan1490 as to the first real estate owned by Eul, but the provisional attachment order with the above each of the above cases was cancelled on July 19, 201, and the plaintiff was cancelled on July 10, 2006, 2005 won, 1000 won.

Therefore, according to the above facts, the defendant, as joint and several surety liability under the letter of this case, is obligated to pay to the plaintiff 12,379,408 won for the remainder of the goods (=27,379,408 won - 15,000,000 won) and damages for delay calculated at the rate of 15% per annum under the Commercial Act from August 23, 2016 to September 28, 2016, which is obvious that the delivery date of the original copy of the payment order of this case, as requested by the plaintiff, after the date of goods supply.

2. As to the judgment of the defendant's assertion, the defendant asserts that the plaintiff's claim No. B is against the defendant's individual, and it cannot be against the defendant's individual.

However, if the authenticity of the dispositive document is recognized, there shall be half the document.

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