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(영문) 수원지방법원안산지원 2017.05.25 2016가합8777
용역대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 205,629,04 and the interest rate thereon from January 9, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of cargo transportation services, etc., and the Defendant A is a corporation established for the purpose of document-related security services, etc., and the Plaintiff supplied an access vehicle to the Defendant A, and the Defendant A traded in the form of paying service fees to the Plaintiff.

B. On August 30, 2016, Defendant A Co., Ltd. prepared a letter of agreement to pay KRW 347,270,571, which had been in arrears until then to the Plaintiff. On the same day, Defendant B and C jointly and severally guaranteed the obligation to pay the above service price to the Plaintiff of Defendant A.

C. On October 26, 2016, the Plaintiff drafted a written agreement stating that “I will confirm that I would have confirmed that I would have 205,629,044 won of the remaining debt amount to the Plaintiff, while deducting part of the Defendant A’s obligation for the above service payment.”

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 205,629,044 agreed to be reduced as of October 29, 2016, and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 9, 2017 to the day of full payment, which is the day following the delivery date of a copy of the complaint in this case.

[Defendant B and C’s joint and several liability owed to the Plaintiff on August 30, 2016 according to the joint and several liability agreement, and in a case where the principal obligation is reduced and reduced according to the subsidiary nature of the guaranteed obligation, the guarantor is liable for the guarantee according to the contents of the reduced and reduced principal obligation (Supreme Court Decision 97Da1013 Decided January 21, 200), and the above reduced amount of KRW 205,629,04, which remains within the scope of KRW 205,629,04). 3. The Plaintiff’s claim for the resolution is accepted with merit. It is so decided as per Disposition.

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