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(영문) 청주지방법원 2015.05.08 2014가단23249

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 24,492,240 and the interest rate thereon from November 11, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 10, 2014, the Plaintiff entered into an oil supply contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) and the Plaintiff to supply oil to Defendant B from the above contract date to February 15, 2014 (hereinafter “instant contract”). Defendant B, a inside director of Defendant B, jointly and severally guaranteed Defendant B’s obligations under the instant contract.

B. The Plaintiff supplied oil to Defendant B pursuant to the instant contract, and even after the instant contract term expires, the Plaintiff continued to supply oil to Defendant B at the request of Defendant C, a inside director of Defendant B, until May 31, 2014.

C. The oil price payable by Defendant B to the Plaintiff remains 24,492,240 won (hereinafter “instant oil price”).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendants continued to request the Plaintiff to supply oil even after the contract period stipulated in the instant contract expires, and were supplied with oil from the Plaintiff. As such, the Defendants jointly and severally liable to pay to the Plaintiff the amount of KRW 24,492,240 of the instant oil price and the damages for delay calculated at the rate of 20% per annum from November 11, 2014 to the day of full payment as claimed by the Plaintiff, which is obviously the day following the delivery date of the instant payment order, as the date of the instant payment order, as sought by the Plaintiff.

B. The Defendants asserted that the Defendants did not have an obligation to pay the instant oil price to the Plaintiff, since the trup industry agreed to pay the instant oil price to the Plaintiff, as the Defendants agreed with the Defendant B’s contracting party (hereinafter “Trup industry”) to pay the instant oil price.

The defendants, domestic, and domestic, are the defendants.