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(영문) 창원지방법원 진주지원 2018.01.12 2017가단3228
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 31,310,360 and the interest rate thereon from December 16, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who sells fishing gear, etc. with the trade name of “E”, and Defendant C is the owner of F vessel, and Defendant C is the spouse of Defendant C.

B. From April 2016, the Plaintiff supplied the Defendants with fishing and other fishing gear. On February 7, 2017, the Defendants prepared two copies of the payment note stating that “the amount of KRW 20,000,000, which is a part of the goods price, shall be paid up to February 28, 2017” and “the remaining amount of KRW 20,000,000 shall be paid up to March 31, 2017” (hereinafter “each letter of this case”).

(A) The Defendant signed each of the instant notes as a letter or a guarantor. (C)

After preparing each of the instant notes, the Plaintiff supplied the Defendants with fishing gear by April 8, 2017, and the amount of the unclaimed goods is KRW 31,310,360 as indicated below.

The Plaintiff stated that the additional amount that occurred on April 8, 2017 was waived KRW 68,312.

On February 22, 2017, the balance of the supplied amount carried over as of the relevant base date: KRW 8,450,760, KRW 8,450,30, KRW 12,000,000, KRW 12,751,060, KRW 10,273,500, KRW 20,0000, KRW 32,024,560, KRW 560, KRW 32,024, and KRW 560, KRW 200, KRW 32,024, KRW 560, KRW 13,87, KRW 800, KRW 33,90, KRW 302, KRW 300, KRW 360, KRW 360, KRW 360, KRW 201, KRW 360, KRW 308, KRW 300, KRW 200, KRW 360, KRW 360, KRW 30136, etc.

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 31,310,360 won of the goods price and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 16, 2017 to the day of full payment, as the Plaintiff seeks.

3. Judgment on the defendants' assertion

A. The Defendants shall pay excessive amount to the Plaintiff for the goods, such as fishing cost.

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