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(영문) 광주지방법원 2020.09.22 2020가단513366
보증채무금
Text

Defendant C’s KRW 31,045,240 for the Plaintiff and its related KRW 6% per annum from March 1, 2014 to October 15, 2019.

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: It shall be as shown in the changed cause of claims; and

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

C. Dismissal portion: The rate of damages for delay in decision in lieu of the final adjustment between the plaintiff and E farming association corporation cannot be deemed to apply between the plaintiff and the defendant C, and there is no evidence to acknowledge the rate of damages for delay in agreement. Thus, the rate of damages for delay until the day the duplicate of the complaint of this case is delivered to defendant C shall be 6

(On the other hand, the dividend amount paid by the plaintiff does not reach the difference between the damages for delay against the above farming association corporation and the damages for delay against the defendant C arising from the dividend date. Thus, the fact that the dividend was paid as above does not affect the amount recognized as against the defendant C. 2. Determination as to each claim against the defendant B and D

A. The following facts are acknowledged in full view of the purport of the entire pleadings, either the dispute between the parties or the statement in Gap evidence Nos. 1 and 2 (including paper numbers):

1) The Plaintiff is a original breeding business entity and is E farming association corporation (hereinafter “instant farming association corporation”).

(2) On April 30, 206, the Plaintiff entered into a commercial car carriage contract for the transportation of vehicles from the point of view to November 9, 2012, and the said agricultural partnership agreed to pay KRW 31,045,240 to the Plaintiff on August 30, 2013 the unpaid balance of the living body (or the body) work cost to the Plaintiff by September 30, 2013. However, the instant agricultural partnership did not pay the above work cost. The Plaintiff filed a lawsuit against the said agricultural partnership against the said incorporated association, seeking payment of KRW 31,045,240, and damages for delay. The instant agricultural partnership filed a lawsuit against the said incorporated association on September 30, 2013 in this Court Order 2013Da68555, and the instant court Order 2013 money 20147, supra. 17, 2014.

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