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(영문) 대전지방법원 2019.11.06 2019가단10757
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 128,725,740 and the interest rate thereon from May 24, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence Nos. 1 through 6 and witness D's testimony.

B. As to this, Defendant C alleged that there was no joint and several liability for the Plaintiff of Defendant B Co., Ltd., but according to the witness D’s testimony, the fact that Defendant C signed and sealed the joint and several liability agreement attached to the evidence No. 2 can be recognized.

The above Defendant’s assertion is not accepted (On the other hand, Defendant B, upon receiving the original copy of the payment order on May 22, 2019, submitted a written objection on May 30, 2019, but did not submit any specific objection or written response as to the cause of the claim by the closing date of argument in this case). 2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 128,725,740 won and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 24, 2019 to the date of full payment after the copy of the complaint was served to the Defendants.

(3) The plaintiff's claim for damages for delay is justified, and it is so decided as per Disposition.

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