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(영문) 서울동부지방법원 2016.05.25 2015가단134253
물품대금
Text

1. The defendants jointly and severally against the plaintiff Hosung Steel Co., Ltd. 36,952,763 won, and the plaintiff Won Steel Co., Ltd. 60.

Reasons

1. As of August 21, 2015, the Plaintiffs supplied steel products to Defendant A (hereinafter “Defendant A”) and the amount of the Plaintiff’s claim for the payment for the goods unpaid at the time of August 21, 2015 reaches KRW 36,952,763, and the amount of the claim for the goods unpaid at the Plaintiff’s original steel Co., Ltd. at KRW 60,753,951. The Defendant B, and C determined the Defendant Company’s obligation to the Plaintiffs on September 4, 2013 as the guarantee limit amount to KRW 500,00,00, and the guarantee period to KRW 500,00, and the joint and several guarantee period is not disputed between the parties, or may be acknowledged by comprehensively taking account of the following: evidence No. 1-1, 2, and evidence No. 2-1, 3-2, evidence No. 3-4, evidence No. 5, and evidence No. 1.

Therefore, the Defendants are jointly and severally liable to pay to Plaintiff Hosung Steel Co., Ltd. 36,952,763 won of the above goods; 60,753,951 won of the above goods; and damages for delay calculated at the rate of 6% per annum under the Commercial Act from August 22, 2015 to November 17, 2015, the delivery date of a copy of the complaint of this case against the Defendants, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. In conclusion, the plaintiffs' claims against the defendants are justified, and all of them are accepted. It is so decided as per Disposition.

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