약정금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,907,350 and the interest rate thereon from April 23, 2019 to the date of full payment.
Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 5 (Partial No. 5 omitted), the defendants paid the amount of KRW 14,541,00 to the plaintiff on September 10, 2018 on behalf of the E Union, and agreed to pay the amount of KRW 42,737,650 on behalf of the plaintiff on January 31, 2019, and the amount of the outstanding amount to be incurred in the future. Barring special circumstances, the defendants jointly and severally liable to pay the plaintiff the amount of the agreed amount of KRW 50,907,350 (=14,541,000 won,36,366,350), and damages for delay calculated on April 23, 2019 through the delivery of a copy of the complaint of this case to the plaintiff on September 10, 2019.
The Defendants asserted that, as above, the Plaintiff agreed to repay the Plaintiff’s obligations on behalf of the Plaintiff was subject to the continuous delivery of fishery products to the Defendants at wholesale prices, and that the Plaintiff did not comply with such conditions and set a price higher than the market price, and the Defendants did not unilaterally cease to engage in transactions, and thus, the Defendants do not have the obligation to pay the agreed amount. However, there is no evidence to acknowledge that the agreement was made on a conditional basis as alleged therein, and therefore, the Defendants
Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by applying Articles 98 and 213 of the Civil Procedure Act to the burden of litigation costs and a declaration of provisional execution.