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(영문) 제주지방법원 2018.09.18 2017가단55451

물품대금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 72,808,960 as well as KRW 51,445,252 as from April 13, 2017.

Reasons

1. On September 3, 2014, the Plaintiff entered into an agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) to trade meat processed products, and supplied the Defendant Company with meat processed products from November 14, 2014 to July 14, 2015.

At the time of the conclusion of the above agreement, the Plaintiff and the Defendant Company agreed to pay damages for delay at 17% per annum for unpaid price when one year has elapsed from the date of supply of meat processed products. Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation to pay goods to the Plaintiff.

However, Defendant Company did not pay 72,808,960 won in total from May 1, 2015 and did not pay 72,808,960 won. Thus, Defendants are jointly and severally liable to pay to the Plaintiff the agreed damages for delay calculated at the rate of 17% per annum from April 13, 2017, which is the day following the settlement of accounts for KRW 72,808,960 and the principal of KRW 51,445,252.

2. Judgment by public notice based on recognition (Article 208 (3) 3 of the Civil Procedure Act);