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(영문) 인천지방법원 2016.10.12 2016가단10758
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff at USD 20,000 and Defendant B from August 1, 2014.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, the plaintiff, a merchant, supplied the defendants with "Mext" on March 2013, and the defendants agreed to pay 20,000 U.S. dollars to the defendants on May 13, 2014 until July 2014. Thus, the defendants are jointly and severally liable to pay to the plaintiff 20,000 U.S. dollars and its delivery date from August 1, 2014 to April 22, 2016, the delivery date of a copy of the complaint in this case, from August 1, 2014 to April 22, 2016, and Defendant C is obligated to pay damages for delay calculated at the annual rate of 6% as prescribed by the Commercial Act until April 6, 2016, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Determination as to Defendant B’s assertion

A. Defendant B was entrusted with import agency business between Defendant C and the Plaintiff. Defendant B asserted that since USD 20,000 of the remaining price of the goods was incurred by the Plaintiff’s first shipment in the absence of remittance from Defendant C, the Plaintiff is also liable to the Plaintiff, and the Plaintiff received an agreement (Evidence A 4) from the Defendants on May 13, 2014 to pay USD 20,000 from the Defendants until July 2014, Defendant C was directly liable for the remaining price of the goods. Thus, Defendant B cannot be liable for the remaining price of the goods.

B. As alleged by Defendant B, the Plaintiff first loaded the goods before receiving the payment for the goods.

However, even if Defendant B agreed to pay USD 20,00 to the Plaintiff on May 13, 2014 by the end of July 2014, Defendant B is not liable to pay USD 20,000 to Defendant B solely with the statement in subparagraph 1, and there is no other evidence to acknowledge otherwise.

3. It is so decided as per Disposition by admitting the plaintiff's claim.

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