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(영문) 부산지방법원 2016.06.09 2015가단22270

물품대금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 33,348,557 and the aforementioned costs

A. As from January 6, 2016, Defendant A Co., Ltd.

Reasons

1. The plaintiff from January 7, 2013 to the same year, comprehensively taking account of the purport of the whole pleadings in the statements (including branch numbers) of evidence Nos. 2 through 6 of the facts of recognition as Gap

3. During the period of 25.25, Defendant A Co., Ltd. (hereinafter “Defendant A”) intended to purchase Ecuaddocian shelf, and paid the sum of 42,525 U.S. dollars to Defendant A. However, Defendant A failed to supply the roof to the Plaintiff. Defendant A and Defendant B, the actual operator of the said Defendant, prepared a loan certificate and a memorandum of payment, promising the Plaintiff to return the price received from the Plaintiff, but they failed to return KRW 33,348,557 among them.

2. According to the above facts of recognition, the Defendants jointly and severally liable to pay 3,348,57 won payable to the Plaintiff and delay damages calculated by 15% per annum from January 6, 2016 to the day of full payment, which is the day following the day when the duplicate of the complaint of this case was served to Defendant A; Defendant B is obligated to pay 20% per annum from April 3, 2015 to September 30, 2015, which is the day following the day when the duplicate of the complaint of this case was served to Defendant B; and 15% per annum from the following day until September 30, 2015 under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the Plaintiff is liable to pay delay damages calculated by 20% per annum from the day after the duplicate of the complaint was served to the day of full payment; however, the statutory interest rate of Article 3 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is promulgated by 15% from September 10, 2015.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.