beta
Text
1. The Plaintiff:
A. Defendant B’s KRW 30,953,00 and for this, KRW 6% per annum from November 5, 2013 to July 29, 2015.
Reasons
1. Determination as to the cause of claim
A. In fact, the Plaintiff, who runs the wholesale and retail business or brokerage business of fishery products, supplied the Defendants who run the wholesale and retail business of fishery products with the trade name “D” from March 21, 2012 to November 4, 2013, with fishery products equivalent to KRW 549,719,00, and the current amount of the goods unpaid is KRW 30,953,000. [Grounds for recognition] The Defendants jointly and severally liable to pay the Plaintiff KRW 30,953,000 per annum from November 5, 2013 to September 30, 2015, the amount of the goods unpaid is KRW 30,953,00 per annum under the Commercial Act, and KRW 6% per annum from the day following the date on which they are supplied with fishery products to the Plaintiff, to the day on which they are finally paid the copy of the complaint by 15% per annum of each Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
B. The Plaintiff shall claim damages for delay on the last day of the supply of goods and damages for delay calculated at the rate of 20% per annum from October 1, 2015 to the date of full payment.
① However, since the Defendants’ delayed liability arises from the date following the date of receiving the goods supply, the Defendants do not accept damages for delay on the last day of the goods supply. ② As the statutory interest rate provisions under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were promulgated on September 25, 2015 and enforced from October 1, 2015, the portion in excess is recognized as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 1, 2015 to the date
2. In conclusion, each claim against the Defendants against the Plaintiff is accepted within the scope of the above recognition, and each remaining claim is dismissed as it is without merit. It is so decided as per Disposition.