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(영문) 대구지방법원경주지원 2016.09.06 2016가단11410
보증채무금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from May 20, 2016 to the date of full payment.

Reasons

1. On July 5, 2012, the Plaintiff entered into a national total sales contract with the Defendant on the product “promuleline” with the Defendant and supplied the said product to the Plaintiff. The Plaintiff intended to distribute and sell the said product; the Plaintiff paid KRW 100,000,000 to the Defendant on July 20, 2012 in accordance with the said general sales contract; and the fact that the Defendant’s business was suspended on or before June 30, 2014 is either a dispute between the parties, or that the Defendant’s business was suspended on or around June 30, 2014 can be recognized by comprehensively taking into account the respective descriptions in subparagraphs 1 and 2 and the entire arguments.

According to the above facts, the above general sales contract was terminated due to the suspension of the defendant's business.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from May 20, 2016 to the day of full payment, which is the day following the delivery of the original copy of the payment order for the total amount of KRW 100,000,000, and the day of delivery of the original copy of the payment order for the payment

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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