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(영문) 서울서부지방법원 2018.11.30 2017가단21384

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff; KRW 25,027,00; Defendant B from September 29, 2018 to Defendant C.

Reasons

Facts of recognition

The Plaintiff is a person who has been engaged in the transaction of continuously supplying both seconds to Defendant B, and Defendant B is a person who operates the inspection under the name of “D”.

Defendant C jointly and severally guaranteed the payment obligation due to the above commodity transaction.

The Plaintiff and the Defendants agreed to settle the unpaid transaction amount of KRW 10,177,000 from the first transaction commencement date until December 21, 2013, and entered the settlement amount of KRW 10,177,000 in the settlement statement (hereinafter “instant settlement statement”) as “10,17,000 in the balance of this month”.

Of the above transactions, the Defendants agreed to pay the total cumulative amount of the unpaid transaction price by adding the amount of KRW 300,000 per month to the Plaintiff as damages for delay on the unpaid transaction price.

Pursuant to the agreement on payment of such damages, the details of transactions prepared by the parties with respect to the supply of the instant goods, the instant settlement statement, etc. are indicated as the item “interest” in the following as of July 2015:

However, from September 2017, it is stated as KRW 100,000 per month.

[Ground] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, and No. 4, and the obligation to determine transaction price as to the cause of claim as a whole of the pleadings, the parties to this case entered into an agreement on settlement of accounts at KRW 10,17,000, which was accrued from supply of goods to the plaintiff's defendants from the date of the first transaction to December 21, 2013 after the date of the first transaction.

In full view of the evidence Nos. 1 and 1 and 4, as well as the overall purport of the pleadings, the Plaintiff supplied the Defendant with the goods as shown in the relevant column in the attached Table from December 21, 2013 to December 23, 2017, which was after the above settlement agreement, and the sum of the prices for delay damages under the agreement between the parties during the period from July 23, 2015 to December 23, 2017, was 7,700,000.