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(영문) 광주지방법원순천지원 2020.12.22 2020가단2933
매매대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 62,949,100 and Defendant C Co., Ltd. from May 12, 2020.

Reasons

Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs A and 2, the Plaintiff entered into a contract for the supply of ready-mixed with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and supplied ready-mixeds equivalent to KRW 112,949,100 to May 22, 2019 according to the order of the Defendant Co., Ltd., and the Defendant Co., Ltd. entered into the payment of KRW 82,949,100 to the Plaintiff on January 7, 2020. The Defendant Co., Ltd. entered into the payment of KRW 20 million to the Plaintiff on January 31, 202, and the remainder of the payment of KRW 20 million to the Plaintiff Co., Ltd. on February 28, 2020 and the remainder of the payment of KRW 200,000 after March 31, 202.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 62,949,100 in balance of the ready-mixed price and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 12, 2020 to the date of each payment agreement with respect to the payment order of this case, and Defendant D is jointly and severally liable to pay to the Plaintiff damages for delay calculated from May 20, 2020 to the date of full payment.

Ultimately, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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