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(영문) 대구지방법원안동지원 2015.11.18 2015가단69

매출정산금 등 청구

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for the payment of KRW 90,561,060 as well as the payment thereof from October 1, 2014 to November 18, 2015.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 12 (including spot numbers, if any; hereinafter the same shall apply) as to the cause of the claim, the plaintiff engaged in clothes, bedclothes manufacturing and wholesale business under the trade name of "C" may be acknowledged as having entered into a consignment sales contract with the defendant B, who operated "D" on May 31, 2014, and a consignment sales contract with the defendant C, on the same day, as the same day. The plaintiff thereafter supplied the defendants with goods by September 30, 2014, as stipulated in each of the above contracts, but the defendants did not pay the sales settlement, and the plaintiff and the defendants jointly bear the accrued sales settlement amount on September 23, 2015 as KRW 90,561,060, and KRW 17,459,138, respectively.

Therefore, the Defendants jointly and severally seek payment to the Plaintiff amounting to KRW 90,561,060 from October 1, 2014, the date following the expiry date of each contract, to November 18, 2015, which is reasonable to dispute the Defendants’ obligation to perform and its existence, shall be 6% per annum under the Commercial Act; damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment; damages for delay calculated at the rate of 17,459,138 won per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; and damages for delay calculated at the rate of 15% per annum from the day following September 30, 2015 to the day of full payment; and damages for delay calculated at the rate of each of the above Defendant’s obligation to perform and its existence until the day of full payment.

The plaintiff is the plaintiff.