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(영문) 전주지방법원 2019.07.26 2018가단30681
물품대금
Text

The defendant's KRW 108,511,800 for the plaintiff and its related 6% per annum from June 30, 2018 to December 5, 2018, and the following.

Reasons

Comprehensively taking account of the overall purport of the arguments in the statement No. 1-2, No. 1-3, No. 4, and No. 2-2, and No. 2-3, the Plaintiff Company entered into a contract to supply ready-mixeds to C (mutual D) on December 13, 2017, and the Defendant jointly and severally guaranteed the obligation of C; the Plaintiff Company supplied ready-mixeds equivalent to KRW 11,280,60 to C by December 26, 2017 under the above contract; thereafter, the Plaintiff Company directly supplied ready-mixeds to the Defendant until June 2, 2018; and the Plaintiff Company supplied ready-mixeds equivalent to KRW 97,231,200 to the Defendant.

Therefore, as a joint and several sureties or a party to a supply contract, the Defendant is obligated to pay the Plaintiff the sum of KRW 108,511,800, and damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from June 30, 2018 to December 5, 2018, the delivery date of a copy of the complaint in this case, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

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