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(영문) 서울서부지방법원 2015.07.03 2014가합4996
의약품매매대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,00,000,000 and the interest rate from August 5, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 200, the Plaintiff supplied medicine to Defendant A Co., Ltd. (hereinafter “Defendant Company”) and entered into a goods transaction agreement with the Defendant Company to receive the price within 120 days, and Defendant B, C, and D jointly and severally guaranteed the Defendant Company’s obligation to pay the price for the goods.

B. Since then, the Plaintiff continued to supply the drugs to the Defendant Company by June 2014, but the Defendant Company had aggravated financial standing from March 2014, and failed to pay for the goods. As of June 12, 2015, the date of the closing of the instant argument, the price for the goods that the Plaintiff did not receive from the Defendant Company remains at least one billion won.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-4 (including a provisional number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant Company is jointly and severally liable for payment of KRW 1 billion for the goods that the Plaintiff seeks in accordance with the goods transaction agreement, and damages for delay at the rate of 20% per annum prescribed in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 5, 2014 to the date of full payment, which is the day following the date of final delivery of the copy of the complaint in this case, pursuant to the goods transaction agreement.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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