logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.02.15 2018가단13083
보증채무금
Text

1. The Plaintiff:

(a) Defendant B: (a) KRW 20 million and 5% per annum from May 1, 2018 to October 17, 2018;

(b) the defendant.

Reasons

1. In full view of each of the statements and the overall purport of the arguments by Gap (including partial numbers) and Gap (including partial numbers), the following facts can be recognized:

The Plaintiff supplied goods to E engaged in the manufacturing and supply business of industrial machinery with the trade name of “D” and was not paid KRW 49,614,687 until September 29, 2017.

B. On April 5, 2018, Defendant B drafted a letter of commitment to repay the agreed amount (value of goods) to the Plaintiff, stating that “The amount of KRW 20 million out of the E’s price of goods shall be at least one million per payment once every 30th day from April 30, 2018 to March 30, 2019, shall be at least KRW 100,000,000 in installments, and if the installment agreement has been entered into, the benefit of the time shall be lost and the total amount of the remaining agreed amount shall be immediately repaid.”

C. On April 25, 2018, Defendant C drafted a letter of commitment to repay the amount of KRW 20 million from October 1, 2018 to October 1, 2020, to the Plaintiff with the effect that “from October 1, 2018 to October 1, 2020, the amount of each installment shall be at least one million won and shall be paid in installments over 4-5 installments, and if the installment agreement was entered into, the remainder shall be lost from the due date and the full amount of the remainder shall be immediately repaid.”

The Defendants did not pay the agreed money to the Plaintiff on the agreed date.

2. According to the above findings of determination, Defendant B is obligated to pay to the Plaintiff the amount of KRW 20 million and the delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from May 1, 2018, the following day after the payment date, to October 17, 2018, which is the service date of the original copy of the instant payment order, and Defendant C is obligated to pay to the Plaintiff 5% per annum as stipulated in the Civil Act from October 2, 2018, the following day after the payment date, to October 16, 2018, the service date of the original copy of the instant payment order, and to pay the delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.

arrow