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(영문) 창원지방법원거창지원 2016.03.31 2015가합191

물품대금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 2,851,258,784 and KRW 2,529,480,00 among them. < Amended by Presidential Decree No. 2650, Oct. 26, 2015>

Reasons

1. Basic facts

A. On January 2, 2014, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a sales contract stating that “The Plaintiff shall sell the instant rice (general rice, winter rice) in 2013 to the Defendant Company in total at KRW 4,947,792,30 (hereinafter “instant sales contract”; and Defendant B jointly and severally guaranteed the Defendant Company’s obligation to pay the instant sales price to the Plaintiff.

B. At the time of the instant sales contract, the Plaintiff and the Defendants agreed that “The Defendant Company shall pay the instant sales price in installments up to September 30, 2014, which is the final payment date, and shall add interest at 15% per annum on the unpaid sales price after the final payment date.”

C. By December 31, 2014, the Defendant Company paid to the Plaintiff KRW 2,248,312,300, a total of KRW 2,699,480,000 for the payment of the instant purchase price, and paid KRW 150,00,00 for the remainder of the purchase price (= KRW 4,947,79,792,300 - 2,248,312,300), respectively, on July 13, 2015.

On January 1, 2015 to June 1, 2015, 201: 2,69,480,00 won for delay of the purchase price for the period of 1.5 to June 18, 2015 (=2,69,480,00 won x 15% x (169/365 days) x (hereinafter the same shall apply) less than KRW 15% x (169/365; hereinafter the same shall apply) ] 2,69,480, 000 + 2,69,480,000 won - 150,00,000,250, 205 to 307, 205, 208, 305, 2048, 205 to 305, 207, 205, 205 to 254, 205

D. As of October 25, 2015, delay damages for the purchase price unpaid as of October 25, 2015 are KRW 321,411,857 in total as follows:

【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants were jointly and severally paid to the Plaintiff.