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(영문) 인천지방법원 2015.12.23 2015가단51165
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 39,347,880 as well as 6% per annum from August 1, 2015 to the date of full payment.

Reasons

1. The Plaintiff is a company that manufactures and sells ready-mixed and the Defendant Ship Construction Industry (hereinafter “Defendant Ship Construction”) is a company that runs construction business. On April 14, 2015, the Plaintiff entered into a contract with Defendant Ship Construction Company to supply ready-mixed and pay the price for supply in cash within 15 days after filing a claim. At the time of the said contract, Defendant A’s joint and several guarantee was made by the Plaintiff at the time of the said contract, the amount equivalent to KRW 39,347,880 was supplied to Defendant Ship Construction during the period from April 14, 2015 to May 6, 2015. Although the Plaintiff sought payment of the price for ready-mixed to Defendant Ship Construction, the fact that Defendant Ship Construction failed to comply with the request is not disputed between the parties, or that the entire purport of arguments and arguments provided for in subparagraphs 1 and 2 may be acknowledged by comprehensively taking into account the following purport.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 39,347,880 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from August 1, 2015 to the date of full payment, which is obvious from August 1, 2015, that the original copy of the instant payment order was served on the Defendants.

2. Thus, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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