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(영문) 의정부지방법원고양지원 2016.04.21 2015가단89829
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 137,864,250 and KRW 77,864,250 among the Defendants, from November 6, 2015 to November 6, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for the price of goods sold chemical products to Defendant A from 2009 to a company engaged in the wholesale business of chemical products, such as small circuits and nets. As of July 29, 2014, the Plaintiff has a claim for the price of goods at KRW 77,864,250.

B. The Plaintiff loaned KRW 60 million in total, including the amount of KRW 12% per annum to Defendant A, KRW 40 million on February 24, 2014, and KRW 20 million on February 25, 2014.

C. On February 25, 2014, Defendant B, C, and D’s joint and several liability, Defendant B, C, and D jointly and severally guaranteed the goods price and loan obligations of Defendant A Co., Ltd.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts, the defendants jointly and severally have the obligation to pay to the plaintiff 137,864,250 won in total with loans and 77,864,250 won in total and 77,864,250 won in total, with 6% per annum under the Commercial Act from November 6, 2015 to April 21, 2016, which is the day following the last delivery of a copy of the complaint sought by the plaintiff, and with 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, with 60,000 won in interest, 60,000 won per annum from February 25, 2014 to April 21, 2016, which is the day of the last delivery of the complaint of this case, and with 12% per annum or delay damages from the next day to the day of full payment.

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

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