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(영문) 인천지방법원 2017.02.15 2016가단42045
매매대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 107,407,20 and Defendant B Co., Ltd. from August 5, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a person who wholesales and retails grain with the trade name called D Logistics Center (hereinafter “instant logistics center”).

Defendant B (hereinafter “Defendant Company”) is a corporation that runs the wholesale and retail business, etc.

Defendant C is an internal director of the Defendant Company.

B. From April 27, 2015, the Plaintiff supplied rice, etc. to the Defendant company from around April 27, 2015 and received some payments from the Defendant company, and the unpaid amount remains at KRW 107,407,200.

C. On August 6, 2015, Defendant C prepared and delivered to the Plaintiff a joint and several guarantee certificate to the effect that the Defendant Company is jointly and severally and severally liable for the sale and purchase of the Plaintiff’s goods produced by the Plaintiff in the course of engaging in commercial transactions with the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 107,407,200 and the damages for delay calculated from August 5, 2016, which is the day following the service date of the original copy of the instant payment order, and Defendant C is liable to pay the damages for delay calculated at the rate of 15% per annum from August 6, 2016, which is the day following the service date of the original copy of the instant payment order, to the day of full payment.

B. As to this, the Defendants agreed between the Plaintiff and the Defendant C as a managing director in charge of the business of the instant logistics center from around 2016, the Defendants agreed to intermediate a contract with the instant logistics center with regard to the supply of rice, etc. in the city, and receive 2% of the sales amount as a brokerage commission (hereinafter “instant agreement”).

Afterwards, the Plaintiff, as a broker of Defendant C, supplied the Eart with rice equivalent to KRW 37,208,00, KRW 24,881,300, and KRW 669,931,70, and KRW 669,931,70.

Therefore, the Plaintiff is obligated to pay the Defendants the agreed amount of KRW 14,640,420 equivalent to the total amount of KRW 732,021,00.

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