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(영문) 수원지방법원 2016.02.18 2015가단119556
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 92,421,450 as well as 15% per annum from July 3, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 2015, the Plaintiff entered into a contract for the supply of waterproof materials (hereinafter “instant goods supply contract”) with Defendant Asibnb Co., Ltd. (hereinafter “Defendant Asibnb”) and the Plaintiff, and the Defendant M&D Co., Ltd. (hereinafter “Defendant Asib Industrial Development”) jointly and severally guaranteed the Defendant’s obligation under the instant goods supply contract.

B. From March 18, 2015 to May 13, 2015, the Plaintiff supplied Defendant LAWnB with waterproof materials equivalent to KRW 93,946,050 on a total of 14 occasions, but failed to receive KRW 92,421,450 for goods.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 92,421,450 for the unpaid goods and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 3, 2015 to the date of full payment, as sought by the Plaintiff, on the record, on the day following the day on which the duplicate of the complaint in this case was served to the Defendants.

3. The defendants' assertion and judgment

A. The Defendants asserted that, following the instant goods supply contract, Defendant LAW newly entered into a special agreement with the Plaintiff to pay the unpaid goods payment obligation under the instant goods supply contract within 30 days from the execution date of the contract, Defendant LAW entered into a separate agreement with the Plaintiff to conclude a contract for the supply of waterproof materials, and that Defendant LAW will pay the unpaid goods payment obligation under the instant goods supply contract within the said 30 days from the execution date of the contract, Defendant’s minor industrial development took the Defendant’s obligation with respect to the Plaintiff of the instant goods payment obligation with respect to the Plaintiff of LAWnW. Thus, Defendant

(b) the assumption of the obligation is dependent on the assumption of the obligation;

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