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(영문) 서울동부지방법원 2020.12.16 2020가단105563

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 129,103,90 as well as the interest rate from March 9, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in livestock products and meat wholesale retail business under the trade name of “D,” and the Defendants have completed business registration under Defendant C’s name with the trade name “E” and jointly operated a restaurant at the relative datum, double-presidential point, and bank stores.

B. From around 2018 to January 2020, the Plaintiff: (a) determined the balance with Defendant C on November 20, 2019, among which the Defendants supplied livestock products, such as breathy, etc., the unpaid amount; and (b) prepared and issued a written confirmation of the debt balance of each claim, which is one of the 62,469,81 won for each direct control point, 58,489,321 won, 18,310,833 for each direct control point.

C. The Plaintiff traded between the Defendants and the counterpart datum up to December 9, 2019, and both penalties up to January 6, 2020, and the bank stores up to December 3, 2019. The final unpaid amount is KRW 129,103,90.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including each number, if any; hereinafter the same shall apply), the purport of whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 129,103,900, and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 9, 2020 to the day of full payment, which is clear that it is the day after the delivery of the copy of the complaint of this case sought by

B. The summary of the Defendants’ assertion as to the Defendants’ assertion was 1: (a) the Defendants operated 4 direct stores and 6 chain stores of the restaurant E; and (b) the Plaintiff supplied livestock products, etc. at the above 10 stores; (c) the Defendants gave a large number of customers to the Plaintiff, and thus, (d) made a difference in the price at low.

At the end of the discussion, the Plaintiff agreed to pay 2,00 won per 1 km for the direct store directly operated by the Defendants to the Defendants, and 2,500 won per 1 km for chain stores. However, since 2019.