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(영문) 인천지방법원 2015.10.30 2015가단6622
물품대금
Text

1. The Plaintiff:

A. Defendant B, as well as KRW 33,038,424, and as to this, from November 3, 2014 to April 16, 2015.

Reasons

1. Determination on the cause of the claim

A. According to the purport of Gap evidence Nos. 1 through 7 and the entire pleadings, Daewon Co., Ltd. (hereinafter "Largewon") entered into a contract for goods supply with the defendant Co., Ltd. (hereinafter "the defendant Co., Ltd.") around June 2010, and supplied Gyeyang Co., Ltd. by November 2, 2014. The prices of goods which were not received in connection with such supply were 29,936,024 (the defendants' assertion disputing this issue is not accepted). The defendant C guaranteed the defendant Co., Ltd's obligation to pay the above goods to Daewon on February 14, 2013. The Daewon Co., Ltd., Ltd guaranteed the defendant Co., Ltd.'s obligation to pay for the above goods, around October 2010, 2010; the inventory of the exclusive goods supplied to the defendant Co., Ltd. (hereinafter "the defendant Co., Ltd.") to be supplied to 205, the total price of the goods purchased to 2015.

B. According to these facts, the defendant company is obligated to pay to the plaintiff 3,038,424 won (=29,936,024 won) in total and the value of inventory goods due under the above supply contract and additional agreement (29,936,024 won) and damages for delay calculated at the rate of 15% per annum under the Commercial Act from November 3, 2014 to April 16, 2015, which is the date of delivery of the application for modification of the claim and the cause of claim in this case, until April 16, 2015, which is the date of delivery of the application for modification of the claim in this case, and 20% per annum from the following day to September 30, 2015, and 15% per annum from the next day to the date of full payment, and the defendant C is jointly obligated to pay the above amount.

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