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(영문) 창원지방법원통영지원 2020.07.07 2019가단26600
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 48,640,000 won and 6% per annum from August 3, 2019 to November 28, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a fishery partnership corporation for the purpose of fishery products distribution business. Defendant C is a real operator of “E”, and Defendant D is a business registration holder of “E”.

B. From April 23, 2019 to August 2, 2019, the Plaintiff supplied E with fishery products equivalent to KRW 88,640,000.

[Ground of recognition] Facts without dispute, Gap 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, Defendant C is a party to a contract for the supply of goods, and Defendant C is a nominal person, and the above transaction constitutes commercial transaction. The Defendants jointly and severally are liable to pay to the Plaintiff damages for delay calculated at a rate of 12% per annum under the Commercial Act from August 3, 2019, which is the day following the last transaction, to November 28, 2019, after deducting the balance of KRW 40,640,000 from the amount of KRW 88,640,000 paid to the Plaintiff out of the amount of 88,640,000,000, and the amount of delay damages calculated at a rate of 48,640,000,000 from August 3, 2019, which is the day following the last transaction

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

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