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(영문) 서울동부지방법원 2017.11.22 2016가단36073

물품대금

Text

1. The Plaintiff:

A. Defendant A’s agricultural partnership: (a) KRW 118,971,170 and its related thereto; and (b) from November 1, 2015 to December 28, 2016.

Reasons

1. Facts of recognition;

A. On October 5, 2015, the Plaintiff entered into a livestock product credit transaction contract with Defendant A Agricultural Partnership (hereinafter “Defendant A”) with the content that the Plaintiff sells livestock products, such as Han-do land, to the Defendant Corporation on credit (hereinafter “instant contract”).

Defendant B, C, and D have jointly and severally guaranteed the payment of the credit transaction amount (Limit of KRW 300,000,000) under the instant contract.

B. The Plaintiff supplied each of the livestock products amounting to KRW 34,925,80 on August 31, 2015 to the Defendant corporation, and KRW 84,045,370 on October 31, 2015.

[Ground for recognition] Defendant Corporation: The fact that there is no dispute over Defendant 2 through 4 of the confession, each entry of Gap 1 through 3, and the purport of the whole pleadings

2. As to the claim against the Defendant corporation, the Defendant corporation is obligated to pay to the Plaintiff the amount of KRW 118,971,170 ( KRW 34,925,800) of livestock products and damages for delay calculated at each rate of 15% per annum under the Commercial Act from November 1, 2015 to December 28, 2016, a copy of the complaint of this case was served on the Defendant, as sought by the Plaintiff, from November 1, 2015, which is the day following the last delivery date to December 28, 2016, and from the next day to the day of full payment.

3. Determination as to the claim against the defendant B, C, and D

A. The Defendants are obliged to pay damages for delay calculated at the rate of 84,045,370 won for credit transacted after the Defendants jointly and severally guaranteed and at the rate of 6% per annum prescribed by the Commercial Act until November 22, 2017, which is the date of the adjudication of this case where it is deemed reasonable for the Defendants to dispute the scope of their obligations to perform from November 1, 2015, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

The plaintiff asserts that the transaction price of the contract of this case is 34,925,800 won prior to the contract of this case, but there is no ground to recognize this.

This part of the argument is accepted.