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(영문) 광주지방법원 2016.05.24 2015가단48967
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 41,255,530 and the interest rate thereon from January 28, 2016 to the date of full payment.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 7:

On June 29, 2013, the Plaintiff entered into a product supply basic contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and supplied the Defendant Company with foodstuffs, etc.

At the time of the above contract, Defendant B guaranteed the Defendant Company’s goods payment obligation against the Plaintiff.

B. A around August 7, 2013, around August 7, 2013, C jointly and severally guaranteed the Defendant Company’s obligation to purchase goods against the Plaintiff.

C. The Plaintiff’s balance of the price of the goods supplied to the Defendant Company by January 29, 2014 is KRW 70,755,300.

After that, the remaining balance of the price of goods remaining after the Defendant Company fully repaid by October 30, 2015 is KRW 61,405,300.

After the instant lawsuit was instituted, the Defendant Company repaid the Plaintiff KRW 150,000 on November 30, 2015, and C repaid KRW 20,000 on March 21, 2016 on the condition that C is exempt from joint and several liability.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of the goods price of KRW 41,255,530, and damages for delay calculated at the rate of 15% per annum from January 28, 2016 to the day of full payment, which is the day following the date of final delivery of the copy of the complaint of this case sought by the Plaintiff.

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

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