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(영문) 청주지방법원 2015.10.22 2014가합4047
물품대금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 132,615,690; and (b) from November 25, 2014 to October 22, 2015.

Reasons

1. As to the determination of the claim against Defendant A, the Plaintiff supplied Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the product related to the development, such as tri-dried meat from around 2012 to June 18, 2014. The fact that the present price of the unpaid goods is 132,615,690 grounds for the payment of the unpaid goods can be recognized by taking into account the following facts: (a) the evidence Nos. 1, 3, 4-1 through 4, 7, 8-1, 7, and 8-2; and (b) according to the above facts acknowledged, the Defendant Co., Ltd. is liable to pay the Plaintiff damages for delay at the rate from November 25, 2014 following the delivery of the original copy of the instant payment order to October 25, 2014 to 15,000 per annum from the next day of the judgment of this case, to October 26, 2015, respectively.

2. As to the claim against Defendant B, the Plaintiff asserted that Defendant B, the representative of the Defendant Company, is jointly and severally liable to pay the amount of goods unpaid and any damages for delay thereof to the Plaintiff jointly and severally with the Defendant Company. As such, the Plaintiff’s obligation to pay the amount of goods payable and any damages for delay therefrom was revealed in accordance with the overall purport of each description of evidence Nos. 1 and 3 as well as each of the following circumstances, namely, ① during a transaction where the transaction of goods is continued between the Plaintiff and the Defendant without a written contract (Evidence No. 1) during the period of the contract between July 12, 2013 and July 11, 2014, a transaction agreement (Evidence No. 1) was made between July 12, 2013 and July 11, 2014, the Defendant Company, the representative of the Defendant Company, is jointly and severally liable to pay the amount of goods paid to the Plaintiff during the said contract period. ② The obligation to pay the amount of goods owed to the Plaintiff by the Defendant Company was confirmed during the said contract period.

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