물품대금
1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 50,000,000 and that amount shall be from December 1, 2015 to July 21, 2016.
1. Determination as to the cause of claim
A. 1) On August 27, 2015, the Plaintiff entered into an advance payment agreement with Defendant A on the shipment of agricultural products (hereinafter “instant agreement”).
A) Defendant A and paid KRW 50,000,000 to Defendant A as advance payment. At the time, Defendant B had jointly and severally guaranteed the obligation under the above agreement within the limit of KRW 65,00,000,000. According to the instant agreement, Defendant A shipped agricultural products (rice) equivalent to an advance payment by September 30, 2015, and the repayment date of advance payment shall be September 30, 2015. Article 7 provides, “The repayment of shipment advance payment shall be recovered at the time of settlement of the shipment payment to the farm regardless of the date of the above repayment.”
On the other hand, the interest rate within the period at the time of the above agreement shall be 6% per annum, and if the repayment was not made by the date of the above repayment, the interest rate from the date following the date of repayment shall be 12% per annum.
3) After October 20, 2015, the agreement on extension of the period of the sales advance agreement between the Plaintiff and the Defendants was made. According to this, the agreed period for the said KRW 50,000,000 was until November 30, 2015, and the interest rate for delay was 6% per annum and 12% per annum. 4) The Defendants did not pay the said KRW 50,000,000 pursuant to the agreement even after the expiration of the said period.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings
B. According to the above facts of recognition, it is reasonable to view that the Defendants agreed with the Plaintiff to pay interest and delay damages on KRW 50,000,000 received as advance payment by November 30, 2015 pursuant to the agreement and additional agreement of this case, and the Defendants did not pay advance payment by the lapse of the above period. Thus, the Defendants are jointly and severally parties to the agreement of this case or joint and several sureties, and the Plaintiff shall have due date for payment.