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(영문) 인천지방법원 2021.01.12 2019가단251536
물품대금
Text

The Defendants jointly and severally liable to the Plaintiff for KRW 95,634,972 and Defendant B, as well as Defendant D, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of steel products leasing business, and Defendant B (hereinafter “Defendant B”) is a company established for the purpose of soil construction business, etc.

Defendant D is the representative director of Defendant B, and Defendant C is each in-house director of Defendant B.

B. The Plaintiff entered into a contract to lease goods with Defendant B, and Defendant D and C jointly and severally guaranteed the rent, etc. to be borne by Defendant B and C.

The Plaintiff leased goods, such as steel, from June 2018 to April 2019, to Defendant B, and generated a total of KRW 276,674,013 as a material rent. Defendant B paid rent of KRW 181,039,041 to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including branch numbers), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 16, 2020 to the date of transmission of a copy of the complaint. The Defendants are jointly and severally liable to pay the delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 16, 2020 to the date of full payment.

3. As to the Defendants’ assertion, the Plaintiff did not settle the pertinent materials even if Defendant B, while recovering the leased materials, brought all the materials purchased from the Plaintiff or from other companies including the purchased and leased materials, and did not settle the pertinent materials, due to the civil petition for an adjacent building at the scene of disclosure E, omitted settlement of the portion that was not recovered without Defendant B’s liability, and as such, the Plaintiff’s claim amount for the pertinent portion should be reduced.

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