beta
(영문) 광주지방법원해남지원 2020.05.12 2019가단1425

매매대금

Text

1. The Plaintiff:

A. As to Defendant B and D respectively KRW 60,093,355 and KRW 47,282,720 among them:

B. Defendant C is deceased.

Reasons

1. Basic facts

A. On October 1, 2017, the Plaintiff and G entered into an intermediary wholesaler transaction agreement with respect to the supply of the whole products (hereinafter “instant contract”) (hereinafter “instant contract”), and the details thereof are as follows.

Article 4 (Payment of Price) (1) The net G shall immediately pay the price for the goods at issue.

However, in order to promote the smooth commercial transactions of the network G, the plaintiff may suspend payment for 15 days from the date of sale.

(2) The net G shall pay penalty for delay pursuant to the rate (7.5% per annum) determined by the plaintiff in addition to the price of goods with respect to the payment for which the grace period has not elapsed for the payment of the price under paragraph (1).

Article 12 (Bearing of Rights) (1) In the event that the plaintiff commissions the plaintiff to cooperate in order to preserve his/her rights, the expenses required for the exercise of rights, preservation of claims, collection or disposal of security against the network G, and the expenses required for such request shall be borne by the network G.

(2) In the event that the Plaintiff paid the expenses under paragraph (1) on behalf of the Plaintiff, the net G shall immediately reimburse the Plaintiff, and if the expenses are not immediately repaid, the net G shall reimburse the amount calculated by adding the amount calculated on a daily basis to 6% interest rate per annum under Article 54 of the Commercial Act, calculated on the basis of 365 days, from the three-dimensional date to the adjusted date.

B. From October 27, 2017 to May 8, 2018, the Plaintiff supplied the net G with a total of KRW 3,755,385,340, and the net G paid KRW 3,566,254,450, out of interest and principal up to May 15, 2018.

As a result, as of July 17, 2019, the principal and interest of the Plaintiff’s price for goods G is KRW 240,373,435 (i.e., principal amount of KRW 189,130,890 (i.e., delay damages of KRW 51,242,545).

C. Meanwhile, the net G died on May 12, 2019.

On December 10, 200, Defendant B, C, and D, a sibling of the network G, died on December 10, 200 before the network H, a sibling of the network G, died. The Defendant, the heir of the network H, is the deceased.

참조조문