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(영문) 수원지방법원 2017.05.26 2017가합233
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 443,356,773 and the interest rate thereon from December 30, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Evidence A Nos. 1 through 4, the Plaintiff supplied drugs to Defendant A during the period from September 18, 2012 to December 7, 2016, and the amount of goods unpaid as of December 7, 2016, which is the final delivery date, is 443,356,773, and Defendant B jointly and severally guaranteed the Plaintiff’s debt on September 23, 2016 and November 1, 2016. Thus, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff delay damages at a rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the date following the last delivery of the original copy of the instant payment order to December 30, 2016.

As to this, the Defendants asserted that the period of repayment of the above goods payment obligation was postponed until the end of March 2017, but there is no evidence to prove this, so the above assertion by the Defendants is without merit.

Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the assent of all.

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