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(영문) 광주지방법원 목포지원 2018.06.08 2018가단1382
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 132,848,960 and the period from August 30, 2017 to April 19, 2018.

Reasons

1. Around November 2015, the Plaintiff entered into a contract with Defendant A to the effect that “the Plaintiff shall provide the Plaintiff with an exclusive service for the Plaintiff at the restaurant located in Seocho-gu Seoul, with KRW 200,000,000,000,000, and Defendant B provided joint and several sureties for Defendant A.

However, Defendant A received the above KRW 200 million from the Plaintiff, and the Plaintiff terminated the above contract, and the Plaintiff seek for the payment of royalties and damages for delay.

(A) The Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 15% per annum after the final payment date, but there is no evidence to prove the above rate of damages for delay, and thus, acknowledged the obligation to pay damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the judgment by public notice).

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