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(영문) 수원지방법원 2020.02.06 2017가단25235
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 85,157,690 and the interest rate thereon from August 12, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an agency that engages in the wholesale and retail business of electronic equipment and parts, or the business of manufacturing LED appliances and parts, etc., and sells goods produced by E to Korea.

B. On October 6, 2016, the Plaintiff entered into a contract for the supply of goods with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to supply parts, such as luminous plates used for PED prior, etc. (hereinafter “instant goods supply contract”). From November 2016 to June 27, 2017, the Plaintiff supplied goods to the Defendant.

At the time, Defendant C and D, the representative director of the Defendant Company, jointly guaranteed the Plaintiff’s obligation to pay for the goods of the Defendant Company.

C. At the time of the instant contract, the Defendant Company agreed to pay the full amount of the price for the goods supplied by the last day of each month after taking over the goods at the time of the instant contract, in cash, and to pay compensation for delay calculated at the rate of 3/100 of the total sales price per day (unpaid goods) in the event of delay in the payment of the price for the goods.

The defendant company produced a so-called flat lighting in so far as possible using the luminous board supplied by the plaintiff.

E. The amount of goods supplied by the Plaintiff to Defendant Company by June 2017 is KRW 109,33,950.

F. On August 11, 2017, Defendant Company paid KRW 25 million to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment on the cause of the claim 1, Defendant Company should pay KRW 109,33,950 to the Plaintiff by July 31, 2017.

However, on August 11, 2017, the Defendant Company agreed between the parties on the appropriation of 25 million won that the Defendant Company repaid to the Plaintiff.

Inasmuch as there is no evidence to deem that the said 25 million won was designated as a debt appropriated for repayment, the above 20 million won shall be in the order of damages for delay and principal pursuant to Articles 479 and 477 of the Civil Act.

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