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(영문) 인천지방법원 2016.07.22 2016가단19694
납품대금
Text

1. The Defendants jointly and severally pay KRW 1,458,327 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

The Plaintiff supplied 140,116,473 won to the Defendant Middle Sea Construction under the joint guarantee of the Defendant Middle Sea Construction Co., Ltd. from June 2015 to January 2016. The Defendant Middle Sea Construction Co., Ltd. supplied 140,621,640 won on April 6, 2016, which was after the date of delivery of the original copy of the instant payment order, as the price for the goods, to the Plaintiff, and the Defendant Middle Sea Construction Co., Ltd. provided 40,000 won on April 15, 2016, and KRW 40,000,000,00 won on May 18, 2016, and KRW 145,494,83 won on June 14, 2016, and KRW 140,116,473 on the aggregate of evidence Nos. 161-2, 201 through evidence No. 13730, and evidence No.

Therefore, as the Defendants jointly and severally seek from the Plaintiff, the Defendants are obligated to pay the statutory damages for delay after March 29, 2016 (=45,458,327 won (=494,83 won x 15% x 15% x 78 days/365, and less than won for convenience of calculation) as the date following the delivery date of the original original payment order for the above final payment order for the above final payment of the goods. Thus, the Plaintiff’s claim of this case seeking the performance of the obligation is with merit, and it is so decided as per Disposition by the assent of all.

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