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(영문) 창원지방법원밀양지원 2015.03.13 2014가합849

물품대금 등

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 191,483,404 and the interest rate thereon from December 2, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff supplied liquefied petroleum gas, etc. to the “C” operated by the Defendants from June 21, 2007 by a continuous transaction method.

B. Around May 31, 2013, Defendant B entered into a renewal agreement with the Plaintiff on the terms and conditions of transaction, such as the adjustment of the unit price, and Defendant B made transactions only with the Plaintiff for five years from the date of the agreement, and ② did not illegally distribute gas containers received from the Plaintiff to a third party. In the event of violation of the terms and conditions of the agreement, the Defendants paid KRW 30,000,000 to the Plaintiff.

C. In addition, around September 17, 2014, Defendant A drafted a note of payment to the Plaintiff that the Plaintiff is responsible for and paid for the outstanding amounts of KRW 130,585,415 and the subsequent gas costs.

However, after October 9, 2014, the Defendants violated the agreement, such as trading with another company that is not the Plaintiff, and illegally distributing gas containers received from the Plaintiff to a third party, and did not pay for attempted amounts.

E. Therefore, the Defendants, as joint operators of the above “C”, are jointly and severally liable to pay to the Plaintiff the sum of KRW 139,634,59,59 (i.e., the sum of the attempted amount of KRW 130,585,415 (i.e., the attempted amount of KRW 9,049,180) incurred after September 17, 2014), penalty of KRW 30,000 due to breach of the agreement, and damages equivalent to the cost of replacing gas containers, including KRW 21,848,809 (i.e., the sum of KRW 191,48,848,809) (i.e., the sum of KRW 139,634,595, KRW 30,000,000, KRW 21,848,809) and damages for delay at the rate of 20% per annum from December 2, 2014 following the delivery of a copy of the instant complaint.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);