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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 56,00,000 and the interest rate thereon from August 31, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a de facto representative of “D” that imports and sells in Korea the chemical agents, etc. in China, and the Defendants are the operators of “E” that sell the sprinks, liquids, etc. to the husband and wife.
나. 원고와 피고들은 2017. 4. 6. 원고가 캔버스 14,410개(가액 56,820,000원) 및 유화 836점(가액 38,340,000원)을 수입하여 피고들에게 공급하되, 그 대금은 위 물건의 가액에 원고의 무역대행비 4,760,000원을 포함한 99,920,000원(= 56,820,000원 38,340,000원 4,760,000원)에서 캔버스에 하자가 존재할 것을 예정하여 18,180,000원(≒ 캔버스 가액 56,820,000원 × 하자 예정 비율 32%)을 감액한 81,740,000원으로 정하였다
(hereinafter “instant commodity supply contract”). C.
Until April 25, 2017, the Plaintiff completed the supply of cans, buses and oil under the instant goods supply contract to the Defendants.
On May 28, 2017, the Plaintiff and the Defendants agreed on June 25, 2017 and July 25, 2017 to reduce the price for the instant goods supply contract from 81,740,000 won to 79,740,000 won, and to pay the unpaid intermediate payment of KRW 28,000,000 and the remainder of KRW 28,000,000, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 11, Eul evidence 1 (including provisional number), the purport of the whole pleadings, determination
A. According to the above facts, pursuant to Article 57(1) of the Commercial Act, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 56,00,000 for the instant goods supply contract and damages for delay calculated at the rate of 15% per annum from August 31, 2017 to the date of full payment, which is the day following the final delivery of the original copy of the instant payment order to the Defendants, as sought by the Plaintiff.
B. As to this, the Defendants, even though they were to supply cans buses using Samcheon (AScheon) by the Plaintiff, are low.