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(영문) 창원지방법원 2021.01.21 2020가합53357
물품대금
Text

The defendant shall pay 275,00,000 won to the plaintiff and 12% per annum from May 23, 2020 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff supplied steel materials to C (hereinafter “Non-Party Company”) from November 1, 2019. From February 13, 2020 to April 24, 2020, the Plaintiff supplied the Non-Party Company with steel materials, such as steel and steel molding a total amount of KRW 451,395,373 (including value added tax) in relation to D project construction (hereinafter “instant supply contract”). 2) The Defendant guaranteed the Non-Party Company’s obligation to pay steel materials to the Plaintiff related to D project.

3) On June 2020, after the filing of the instant lawsuit (an application for payment order), the Plaintiff and Nonparty Company agreed to the remainder of the material price under the instant supply contract at KRW 275,000,000.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 22 (including branch numbers), the purport of the whole pleadings

B. According to the above facts of determination, the defendant, as a guarantor, is obligated to pay to the plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 23, 2020 to the date of full payment, which is clear that the defendant was served on the defendant as a copy of the complaint of this case (the original copy of the payment order) under the supply contract of this case.

2. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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