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1. The Defendants jointly and severally pay to the Plaintiff KRW 58,123,140 as well as KRW 54,570,140 as well as KRW 54,570,140.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that engages in the mass production, livestock product processing, and sales business.
Defendant Company B (hereinafter “Defendant Company”) is a company engaged in livestock products wholesale and retail business, and Defendant C was a representative director on the register of Defendant Company from March 13, 2013 to February 27, 2017.
On the other hand, around February 27, 2017, Defendant Company was appointed as the representative director by F.
B. On June 2, 2015, the Plaintiff concluded a sales contract with the Defendant Company for the products produced or handled by the Plaintiff (hereinafter “instant contract”), and Defendant D jointly and severally guaranteed the Defendant Company’s obligations under the instant contract.
Of the instant contracts, the content pertaining to the instant case is as follows.
VII.(Methods of payment, overdue interest and reservation of ownership)
1. The buyer shall deposit the full amount of the price of the product on the date of delivery into the bank account of the supplier, and the remittance fee shall be borne by the buyer;
(Provided, That if there is a mutually agreed payment date, the supplier may impose 18% overdue interest per annum on the buyer if the settlement terms (see Addenda) for the proceeds of the goods or the meeting terms and conditions presented by the supplier (average prior to each transaction location) are not complied with.
Article 8 (Recovery and Compensation of Plastic stuffs)
2.Plastic boxes, packing containers, are owned by the supplier, so the buyer cannot sell or transfer them to any other person, and must be treated so as not to be damaged, damaged or damaged, and must be returned without delay after use.
5.For plastic stuffs which have not been returned after their release at the factory of the supplier, the buyer shall reimburse the amount of money calculated in the amount of 2,200 won per piece of identical or quantity of plastic stuffs or plastic stuffs.
Article 16 (Term of Contract) This Agreement shall be from June 2, 2015 to June 1, 2016, and if there is no objection between a supplier and a buyer, the term of the contract shall expire.