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(영문) 서울중앙지방법원 2017.08.07 2016가단102397
물품매매대금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 33,078,000 won and each year from September 1, 2015 to March 29, 2017.

Reasons

On August 18, 2015, the Plaintiff supplied goods, such as well-known cosmetics, to Defendant Company (hereinafter “Defendant Company”) and the Plaintiff provided that “The payment of the price shall be made at the time of the Plaintiff’s shipment of the goods, and the Defendant Company shall pay the price in cash to the Plaintiff by the end of the month to which the date when the tax invoice was received belongs.” Defendant B, the representative director of the Defendant Company, is jointly and severally and severally guaranteed the present and future obligations owed by the Defendant Company on August 20, 2015. The Plaintiff supplied goods of KRW 33,078,00 to the Defendant Company on August 24, 2015, and issued and delivered the tax invoice to the Defendant Company, or it can be recognized by comprehensively taking into account all the arguments as to each of the entries in the evidence No. 1 through No. 6.

According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 33,078,00 and damages for delay calculated at the rate of 6% per annum prescribed in the Commercial Act from September 1, 2015 to March 29, 2017, which is clearly recorded that the date of final delivery of the copy of the complaint of this case is the date of payment prescribed in the above payment method, and 15% per annum prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

The Defendants asserted that the goods supplied by the Plaintiff were exported to the Chinese customer, and that there was side effects on the buyers, and that the said customer paid KRW 16,367,00 to the medical expenses and the amount agreed upon by the said customer, and then sought payment from the Defendant Company. Thus, the above amount should be deducted from the Plaintiff’s claim amount, but there is no other evidence to support the above assertion.

Thus, the plaintiff's claim against the defendants is justified.

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