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(영문) 서울북부지방법원 2019.12.19 2018가합28048
물품대금
Text

1. Defendants jointly and severally against the Plaintiff KRW 216,886,920 and KRW 58,00,000 among them, Defendant C shall be jointly and severally liable to the Plaintiff on January 1, 2019.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 3, 4, and 5, the defendants engaged in a joint wholesale and retail business with the trade name of "D". The plaintiff supplied the defendants with clothing equivalent to KRW 1,701,386,920 for several times from January 2017 to July 2018, the fact that the plaintiff agreed to receive payment from the defendant C and the above clothing supply amount from July 2018 to September 2019, with respect to the goods price of the goods from the supply of clothing to the joint business place, can be acknowledged that the plaintiff agreed to receive payment in installments of KRW 16,00,000 as of the last day of each month from October 31, 2019.

Therefore, the Defendants jointly and severally liable to the Plaintiff for 1,484,50,000 won (i.e., KRW 1,46,500,000) deducted from the remainder of KRW 38,000,000, which the Plaintiff was paid by the Defendants, as well as KRW 216,886,920, which the Defendants agreed to pay up to December 31, 2018 under the above agreement, as the Plaintiff seeks, 58,000,000 that the Defendants agreed to pay up to December 31, 2018, Defendant C is obligated to pay 6% per annum from January 1, 2019 to January 4, 2019; 3(1)0% per annum from January 5, 2019 to 18; 10% per annum from the date of delivery of a copy of the complaint of this case; and 10% per annum from the date of delivery to 2019,50% per annum.

Therefore, each claim against the Defendants against the Plaintiff is accepted within the scope of the above recognition, and the remainder of each claim (from January 1, 2019 to the delivery date of a copy of the complaint of this case against the Defendants, the part of the claim for delay damages exceeding 6% per annum against the Defendants) is dismissed. It is so ordered.

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