beta
(영문) 서울중앙지방법원 2017.11.20 2017가단31119

물품대금 등

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 114,623,716 as well as 0.0% from September 20, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) on May 13, 2016.

(3) The agreement on the supply of solar batteriess (hereinafter referred to as “instant agreement”) as follows.

The main contents are as follows. The contract amount of KRW 1,280 (including value-added tax): Contract amount of KRW 277,164,80: Contract amount of KRW 77,165,00 (including value-added tax): Balance of KRW 10: 199,99,800; Compensation for delay to be paid in full within 50 days after the shipment of the product: 0.1% of the supply of the product; 0.1% of the payment; 0.1% of the payment; 2% of the payment; Defendant B guaranteed the obligation to pay to the Plaintiff by the Defendant Company to the Plaintiff under the instant contract; Defendant C guaranteed the said obligation with KRW 249,984,00,00.

3) By May 31, 2016, the Plaintiff supplied all the goods under the instant contract, and the Defendant Company paid the Plaintiff money in the same table payment column on the date indicated in the attached Table No. 300, the Defendant Company paid the money to the Plaintiff on the same day as the date indicated in the attached Table No. 300. [Grounds for Recognition] In the absence of any dispute, Gap 1-7 evidence (including the number of serial numbers), and the purport

B. (1) Determination 1) The balance of the Defendant Company’s product price obligations under the instant contract, which was not repaid by June 14, 2017, is KRW 123,604,117, including delayed compensation, and there is no dispute over the fact that the Defendant Company paid KRW 10,00,000 on September 20, 2017, in addition to the attached table, the Defendant Company’s payment of KRW 113,604,117, including the last repayment, based on the foregoing last repayment, and the amount of delayed compensation calculated from June 15, 2017. (2) The amount of the product price payable by June 13, 2017, including the amount of unpaid commodity price obligations, is calculated by 123,012,717, as indicated in the attached table 5, and the Plaintiff’s payment at the rate of KRW 113,60,174,17, Jun. 15, 2017.