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(영문) 의정부지방법원 2020.07.07 2019가단7730
매매대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 31,84,979 and as a result, from December 1, 2018 to May 7, 2019.

Reasons

1. The party's assertion and judgment

A. The Plaintiff’s assertion: (a) from February 22, 2017 to November 30, 2018, the Plaintiff supplied Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) with the same goods as the transaction report for each of the following periods (hereinafter “the transaction report for each of the following periods”); and (b) the amount of unpaid goods is KRW 34,884,979.

On December 8, 2018, the Defendant Company prepared a letter of performance to pay the Plaintiff the amount of KRW 34,884,979 in installments (hereinafter referred to as “statement of performance for the instant payment”). Defendant D jointly and severally guaranteed the payment, but Defendant D paid the amount of KRW 31,884,979 on December 11, 2018, and did not pay the remainder of KRW 31,884,979.

Therefore, the Defendants are jointly and severally liable to pay 31,84,979 won for the goods unpaid to the Plaintiff and damages for delay at each rate of 5% per annum from December 1, 2018 to the delivery date of a copy of the instant complaint, which is the day following the date of the last supply of the goods, and 12% per annum from the next day to the day of full payment.

C

B. The Plaintiff’s assertion and the Defendant Company’s supply of goods to the Defendant Company at the Plaintiff’s domicile, but the term of the above sales contract was one year. As such, the Plaintiff’s obligation to supply goods to the Defendant Company after October 10, 2018 constitutes a reference obligation to take and deliver goods to the Defendant Company pursuant to Article 467(2) of the Civil Act. The Plaintiff did not deliver to the Defendant Company the goods as of November 30, 2018 equivalent to the amount of KRW 19,339,969, based on the transaction report for each period of this case. As such, the Plaintiff did not deliver to the Defendant Company the goods as of November 30, 2018, the Defendant Company cannot claim the amount of KRW 19,339,969.

In addition, among the goods of November 30, 2018, the above 1370 days from the date of the 2018.11.30 days from the date of the strawle 1266 day from the place of the strawle 1266 day from the place of the strawle, the place of the strawle 80 day from the place of the strawle, the place of the strawle 3M from the place of the strawle 200 day from the place of the strange

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