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(영문) 대전지방법원 2017.07.05 2016가단29002
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,403,440 and the interest rate thereon from October 6, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of the claim: (a) from around 2005 to October 15, 2015, the Plaintiff supplied Defendant Incorporated Company B (hereinafter “Defendant Company”); (b) the total amount of accounts payable out of the price of the goods supplied from October 15, 2015 to October 15, 2015 was 28,403,440; and (c) Defendant C guaranteed the above goods payment obligation against the Plaintiff of the Defendant Company; (d) the fact that the Plaintiff guaranteed the above goods payment obligation against the Plaintiff of the Defendant Company is either not disputed between the parties, or the entire purport of each entry and all pleadings in the evidence Nos. 2, 3, and 8 (including the serial number); and (e) the fact that each entry in the evidence Nos. 5 to 8 is insufficient to reverse it.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 28,403,440, and damages for delay calculated at the rate of 15% per annum from October 6, 2016 to the date following the delivery of a copy of the complaint of this case to the date of full payment, as requested by the Plaintiff.

2. The Defendants asserted that the amount of damages caused by the defect should be reduced or deducted from the price of the goods, since there are defects in the said goods supplied by the Plaintiff.

However, it is not sufficient to recognize that there is a defect in which the price of the goods is to be reduced or deducted by only the descriptions of the evidence Nos. 2 through 4, and there is no other evidence to acknowledge it.

Therefore, the above assertion by the defendants is without merit.

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

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