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(영문) 제주지방법원 2017.11.13 2017가단6770
물품대금
Text

1. The Defendants jointly and severally construct KRW 54,282,941 to the Plaintiff and the Defendant Han-si Comprehensive Construction Co., Ltd. on the said basis.

Reasons

1. Indication of claim;

A. The Plaintiff is a company engaged in the wholesale and retail business of steel products, and the Defendant A (hereinafter “Defendant Company”) is a company engaged in civil engineering and construction business.

B. On May 27, 2016, the Plaintiff entered into a contract with Defendant Company to supply steel bars to a large number of new construction sites outside Jeju City (hereinafter “instant supply contract”) under Defendant B’s joint and several sureties, and supplied the Defendant Company with steel bars worth KRW 326,278,285 in total, over the period from May 27, 2016 to February 9, 2017.

C. Meanwhile, from May 27, 2016 to March 29, 2017, the Plaintiff received a total of KRW 271,995,334 from the Defendant Company as the price for the root over the period from May 27, 2016 to March 29, and KRW 54,282,941 remain.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 54,282,941 and the amount of delay damages calculated at the rate of 15% per annum from July 25, 2017 to the date of delivery of a copy of the instant complaint, and from September 12, 2017 to the date of full payment.

2. The statutory interest rate of 15% per annum from October 1, 2015 is applied according to the amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Partial Dismissal of Lawsuits. Therefore, the claim that exceeds the scope is dismissed.

3. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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