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(영문) 광주지방법원 해남지원 2017.04.25 2016가단2137
매매대금
Text

1. Defendant D and E jointly and severally with the Plaintiff KRW 55,00,000 and Defendant D with respect thereto from July 12, 2016.

Reasons

1. Determination as to the cause of claim

A. On November 16, 201, the Plaintiff asserted that the Defendants sold to the Defendants a total of KRW 195,000,000 (120,000,000) for the former seeds and seedlings of KRW 250,000 (250,000) and then sold the former seeds and seedlings of KRW 195,000 (195,000), and the Defendants paid only KRW 65,00,000 among them.

B. On November 201, 201, the Plaintiff entered into a sales contract with Defendant D on a total of KRW 120,000,000 for the total of KRW 400,000,000, and delivered it to Defendant D; Defendant E’s joint and several surety obligation against Defendant D for the purchase of goods may be acknowledged if there is no dispute between the parties, or if there is no dispute between the parties, or if the entire purport of the pleading is added to the statement in subparagraph 1.

The Plaintiff asserts that, beyond the scope recognized earlier, the Defendants sold 75,000,000 won and the Defendants jointly purchased the above petling seeds. The Plaintiff asserted that Defendant B-corporation (hereinafter “Defendant Corporation”) and C-F also purchased the above petling seeds.

However, each testimony of the witness G, H and I is not sufficient to recognize it, and there is no other evidence to acknowledge it.

On the other hand, the plaintiff is a person who has received 65,00,000 won out of the price.

Therefore, Defendant D and E are jointly and severally liable for payment of KRW 55,00,000 (i.e., KRW 120,000-65,000-600,000) and as requested by the Plaintiff after the date of payment, Defendant D and E, from July 12, 2016, the following day after the complaint of this case was served on the above Defendant; Defendant D, from August 31, 2016, the following day after the complaint of this case was served on the above Defendant, have a duty to pay damages for delay calculated at each rate of KRW 15% per annum as prescribed by the Civil Act until April 25, 2017, which is the date of this decision, and from the next day to the day of full payment.

2. Determination as to Defendant D and E’s defense

A. The aforementioned Defendants’ defenses are above the Plaintiff around September 2013.

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