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(영문) 인천지방법원부천지원 2016.04.28 2015가단25633
자재대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,381,060 and the interest rate thereon from September 22, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates the asphalt manufacturing business, and the Defendant A is a person who runs the construction business under the trade name of “C”.

B. Around December 2013, the Plaintiff entered into a contract for the supply of goods with Defendant A, and Defendant B jointly and severally guaranteed the obligation to pay the goods to the Plaintiff.

C. Accordingly, from March 2014 to October 2014, the Plaintiff supplied a contact amounting to KRW 50,253,060 on several occasions to Defendant A, and the Defendant paid KRW 21,872,000 out of the price of the goods and did not pay KRW 28,381,060.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants jointly and severally are obligated to pay to the Plaintiff the remaining amount of KRW 28,381,060, and the damages for delay calculated at the rate of 15% per annum from September 22, 2015 to the day of full payment, which is the day following the date of the final delivery of the instant payment order, which the Plaintiff seeks after the date of the supply of goods.

3. The plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition.

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