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1. The Defendants: (a) KRW 24,390,00 for each Plaintiff; and (b) 5% per annum from May 13, 2014 to January 20, 2015 for each Plaintiff.
Reasons
1. Fact-finding item: teTRA-CM900 Mole quantity: 400,000 won (excluding value-added tax): 400,000 won (excluding value-added tax): 30,000,000 won by June 24, 2013: To be paid until July 15, 2013;
1) In the event of the failure to pay the remainder, a delay compensation shall be paid every one day, and the payment of the remainder shall be waived and voluntary execution shall be made not more than 60 days. 2) If the Plaintiff’s failure to pay the remainder, 50% of the down payment (15,00,000) shall be paid as penalty when the Plaintiff fails to pay the remainder.
On June 21, 2013, the Plaintiff entered into a goods supply contract (hereinafter “instant previous contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) to sell electricity (hereinafter “instant electricity”) with the following content:
B. Defendant A paid KRW 30,00,000 to the Plaintiff on or around June 24, 2013 under the instant previous contract, but failed to pay any balance after the lapse of July 15, 2013, which is the payment date of the remainder.
C. On July 30, 2013, the Plaintiff and Defendant A concluded a goods supply contract (hereinafter “instant contract”) with the content that they would modify the terms of the instant previous contract as follows. Defendant B, the representative director of Defendant A, guaranteed the Defendant A’s obligation to the Plaintiff under the instant contract.
Down payment (10%): The remainder of down payment of KRW 30,000,000 by June 24, 2013: 14,000,000 shall be paid until October 14, 2013.
Balance: It shall be paid by July 15, 2013.
1) In the event of the default of the payment of the remainder, the Defendant A shall pay a delay compensation every one day and decide to waive the down payment and voluntarily execute the payment not made within 90 days ( October 14, 2013). (2) The Defendant A shall accept the payment in a warehouse.
Provided, That at the time of supply due to the plaintiff's reasons, 50% of the down payment (15,000,000 won) shall be the penalty.