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(영문) 제주지방법원 2017.08.08 2016가단18141

매매대금

Text

1. The Defendants jointly and severally with C shall pay to the Plaintiff KRW 37,274,415 and KRW 27,423,90 among them. From March 12, 2004.

Reasons

1. Determination as to the cause of claim

A. Basic facts 1) The Plaintiff entered into a credit transaction agreement with C on November 19, 2001, setting the rate of delay damages as 19% per annum. The transaction amount under the above agreement is 27,423,909 won, and the due date of the above obligation arrives on March 11, 2004. (2) The Plaintiff entered into an agreement on credit transaction for the coastal Sea Tax Exemption Oil with C on November 19, 2001, setting the rate of delay damages as 18.1% per annum and made transactions.

After June 5, 2003, the transaction amount of KRW 320,306 occurred, and the fulfillment period of the above obligation came on August 19, 2003.

On July 29, 2003, there was a transaction amount of KRW 9,530,200, and the fulfillment period of the above obligation came on October 12, 2003.

3) The Defendants jointly and severally guaranteed the Plaintiff’s obligation under each of the above agreements. 4) The Plaintiff filed a lawsuit for purchase price claim against the Defendants and C with the Jeju District Court 2006Kadan8220, which was rendered a favorable judgment on October 12, 2006, and the said judgment became final and conclusive around that time.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 37,274,415, and KRW 27,423,90,09, calculated by the rate of 19% per annum from March 12, 2004 following the due date to the due date until the due date of full payment, and damages for delay calculated by the rate of 18.1% per annum from August 20, 2003, which is the due date to the due date to the due date to the due date of full payment of KRW 320,306, and damages for delay calculated by the rate of 18.1% per annum from October 13, 2003, which is the due date to the due date to the due date to the due date of full payment of KRW 9,530,20,000, which is the agreed damages for delay.

2. Determination as to Defendant A’s assertion

A. Since Defendant A was declared bankrupt, Defendant A, a bankruptcy creditor, is in bankruptcy proceeding.