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(영문) 인천지방법원 2015.12.09 2015가단46873
물품대금
Text

1. The Plaintiff:

A. Defendants are jointly and severally 35,316,131 won and Defendant A with respect thereto. From June 1, 2012 to October 1, 2015.

Reasons

1. Facts of recognition;

A. As to the “C” in which Defendant A is a business entity, the Plaintiff supplied the paint products of the “Semanan C” and the “Nel,” and the Plaintiff incurred the outstanding amount of KRW 38,316,131 as of May 31, 2012.

Since then, 3,00,000 won out of the above outstanding amount, the plaintiff's outstanding amount claims remain 35,316,131 won.

B. Meanwhile, with respect to Defendant B’s “D”, the Plaintiff supplied painted products of “Nel 6020 and professional clifa,” and there is a claim against the outstanding amount of KRW 659,020 as of November 20, 2014.

C. As the father of Defendant A, around August 13, 2014, Defendant A prepared and delivered to the Plaintiff a letter that, as the father of Defendant A, the joint and several surety of Defendant A’s debt owed to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendants jointly and severally and severally agreed on KRW 35,316,131 of the outstanding amount relating to paragraph (a) of the above 1, and Defendant A with respect thereto, as requested by the Plaintiff, shall pay damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from June 1, 2012 to October 22, 2015, the day after the delivery of a copy of the complaint of this case to Defendant A, from June 1, 2012, to October 22, 2015, and 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of complete payment; KRW 6% per annum from June 1, 2012 to August 24, 2015 to the day after the delivery of a copy of the complaint of this case to Defendant B; KRW 15% per annum from the day after 20.5% of the outstanding amount to September 20, 2015.

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