(영문) 대구지방법원포항지원 2014.12.04 2014가단565

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(영문) 대구지방법원포항지원 2014.12.04 2014가단565

손해배상(기)

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1. The Defendants shall jointly and severally pay 60,700,030 won and 20% per annum from July 24, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person operating a restaurant under the trade name of “D,” and the Defendants are both married couple, and are engaged in livestock product distribution business under the trade name of “E”.

B. On May 2012, the Plaintiff received the delivery of swine from the Defendants, and if the Plaintiff issues a promissory note in advance to the Defendants, then the Defendants deliver to the Plaintiff goods equivalent to the face value of the promissory note prior to the due date. If the Plaintiff deposits the amount equivalent to the face value of the promissory note at the due date of the payment of the promissory note into the current account, then the Defendants have paid the goods by offering a payment of the promissory note to the issuing bank at the due date.

C. On September 7, 2012, the Plaintiff: (a) determined the Defendant’s unit price of swine kgs as KRW 11,000 per unit price; (b) was supplied from September 11, 2012 to November 30, 2012; and (c) in order to secure this, the Plaintiff issued to the Defendants one promissory note of KRW 40,000,000 with the due date for payment on October 31, 2012, and one promissory note of KRW 40,000 with the face value of KRW 30,000,000 with the due date on November 30, 2012.

The Defendants were not supplied any more than 9,299,970 won by October 20, 2012 and only supplied pigs amounting to KRW 9,29,970.

E. Meanwhile, the Defendants: (a) endorsed and transferred the said Promissory Notes received from the Plaintiff to Sejong Pream; and (b) Sejong Pream Co., Ltd. filed a lawsuit against the Plaintiff on the claim of the Promissory Notes (Seoul District Court Branch Decision 2012Kadan15761) on July 25, 2013; and (c) concluded conciliation to the effect that “the Plaintiff shall pay KRW 70,000,000 to Sejong Pream Co., Ltd. by August 31, 2013; and (d) following the said conciliation, the Plaintiff paid KRW 70,000,000 to Sejong Pream Co., Ltd.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants shall be the Plaintiff.

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