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(영문) 광주지방법원 2018.01.09 2017가단515058
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 56,682,930 and the interest rate thereon from May 23, 2017 to the date of full payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap evidence Nos. 1, 2, and 3, the plaintiff entered into a printing service contract with defendant limited liability company under the joint and several guarantee of defendant Eul on July 1, 2014, and the plaintiff's amount of service charges for 56,682,930 which was not paid after printing an examination to defendant limited liability company A from July 1, 2014 to May 9, 2017 is recognized. Thus, the defendants are jointly and severally liable to pay to the plaintiff 56,682,930 won and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 23, 2017 to the date of full payment, unless there are special circumstances.

As to this, Defendant B accepted a guarantee only for one year from July 1, 2014, and did not know the fact that the period of the joint and several surety was automatically extended due to the receipt of the contract or the participation in the preparation of the contract, Defendant B was not responsible for the transaction period other than the above one year as a joint and several surety. However, there is no evidence to acknowledge this, the above assertion by Defendant B is without merit.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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