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(영문) 수원지방법원 2020.02.13 2019가합1018

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 331,238,954 and the period from May 26, 2018 to July 11, 2019.

Reasons

1. As to the cause of claim

A. The following facts are deemed to have been led to confession pursuant to Article 150 of the Civil Procedure Act between the Plaintiff, Defendant B, and D, and the Plaintiff and Defendant C may be acknowledged by taking into account the descriptions of evidence No. 1 and the entire purport of the arguments.

1) The Plaintiff is a company engaged in the construction equipment, machinery, and parts manufacturing and sales business. (2) Defendant B operated the mutual intent company called “E”, and Defendant C and D operated the mutual intent company called “F” respectively.

3) The Defendants jointly purchased goods on credit from the Plaintiff several occasions. (4) around May 25, 2017, the Defendants agreed to pay the Plaintiff the amount of KRW 331,238,954 out of the amount of the said goods to the Plaintiff up to May 25, 2018.

B. According to the above facts of recognition, the defendants are jointly and severally liable for payment (Article 57(1) of the Commercial Act) if several persons jointly and severally bear the obligation for the act of engaging in a commercial activity (Article 57(1) of the Commercial Act). The defendants are merchants running a business, and the defendants' purchase of goods is presumed to have been conducted for a business purpose (Article 47(2) of the Commercial Act), which is deemed to be a commercial activity (Article 47(1) of the Commercial Act). The defendants are jointly and severally liable for the above goods purchase amounting to 331,238,954 won and its payment amounting to 331,238,954 won from May 26, 2018, which is the date following the payment date stipulated in the above agreement, to the defendants from July 11, 2019, which is the last delivery date of the complaint of this case against the defendants, and damages for delay calculated by 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Litigation.

The Plaintiff sought payment of damages for delay calculated at the rate of 15% per annum from the day following the date of service of the duplicate of the complaint of this case, but the statutory interest rate of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is 15% per annum to 12% per annum.