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(영문) 창원지방법원 2015.05.28 2015가단1300
물품대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 33,446,460 won and the period from June 21, 2014 to November 21, 2014.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the plaintiff entered into a ready-mixed supply contract with the defendant A corporation on March 14, 2014 with the purport that the plaintiff shall supply ready-mixed and the defendant A corporation shall pay the price in cash on the 20th of the following month. On the same day, the defendant B and C provided joint and several sureties with respect to the obligation to pay ready-mixed supply under the above contract by the defendant A corporation, and the plaintiff supplied ready-mixed 63,446,460 won from March 17, 2014 to May 3, 2014, and received KRW 30 million from the defendant A corporation.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the amount of 33,446,460 won in balance of the above ready-mixed price and damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 21, 2014 to November 21, 2014, which is the last delivery date of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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

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