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(영문) 제주지방법원 2019.11.04 2019가단62927
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 154,713,828 and the interest rate thereon from July 13, 2019 to the date of full payment.

Reasons

1. The Plaintiff supplied gas and gas storage tanks to the Defendants who engage in gas sales business with the trade name of “E”. On July 27, 2018, the Defendants completed the registration of the establishment of a collateral security holder, the maximum debt amount of the Plaintiff, and the maximum debt amount of 216,00,000 square meters, which are owned by the Defendants to the Plaintiff on July 27, 2018.

By July 31, 2019, the Plaintiff supplied to the Defendants by July 31, 2019 is KRW 192,537,928.

On the other hand, the “E” column under the evidence No. 4, 194,184,650 won (i.e., the balance 197,386,200 won - the amount deposited in April end - 3,201,50) supplied by the Plaintiff to the Defendants by the end of May 2019, the result of this calculation is indicated as KRW 187,781,550, but it appears that it was erroneous due to misunderstanding.

Then, from June 2019 to September 25, 2019, the Defendants deposited KRW 16,008,750 to the Plaintiff and deposited KRW 178,175,90 (i.e., KRW 194,184,650 - KRW 16,08,750).

On July 5, 2019, according to the Plaintiff’s exercise of the right to collateral security, the procedure of the auction of real estate was initiated and is in progress with the Jeju District Court G as to the land jointly owned by the Defendants.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 through 6, and the purport of the whole pleadings

2. According to the facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 192,537,928 and the amount of KRW 178,175,90,90, total of KRW 3713,828, which is the sum of KRW 170,713,828 and the amount of money for attempted gas tanks to be paid to the Plaintiff at the time of auction in real estate G real estate G with the Jeju District Court, and thus, the Plaintiff is entitled to preferential reimbursement as a mortgagee at the time of the auction in this case. As such, the Defendants are obligated to pay damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 13, 2019 to the day of full payment.

As to this, the Defendants are against this.

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