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1. Defendant (Appointed Party) and Appointed Party B, and C jointly and severally with the Plaintiff KRW 115,078,332 and the Plaintiff’s aforementioned amount on January 1, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a company whose purpose is to produce and supply two-wheeled automobiles and their parts, etc., and the Defendant (the appointed party; hereinafter “Defendant”) was supplied with two-wheeled automobiles and their parts, etc. from the Plaintiff while operating the agency.
B. From March 31, 2005, the Defendant operated the D Agent in Gangnam-gun E until the D Agent is closed on July 31, 201, from March 31, 2005.
C. On January 1, 201, the Plaintiff entered into a DNA agency contract with the Defendant from January 1, 201 to December 31, 2013, and sold two-wheeled automobiles and parts thereof by the Defendant’s operation of the agency from January 1, 2011 to December 31, 2013. The Defendant paid the goods to the Plaintiff on the 60th day from the date of receipt of the goods. In the event the Defendant delayed the payment of the goods to the Plaintiff, the Plaintiff entered into a contract with the automobile agency contract with the Plaintiff at the rate of 11% per annum during the contract period, and the damages for delay at the rate of 25% per annum after the contract is terminated (hereinafter “instant agency contract”). The Selection B and C (hereinafter “designated parties”) agreed to guarantee the Defendant’s obligation jointly and severally to the Plaintiff.
As of June 30, 201, the Plaintiff agreed with the Defendant to close the agency as of June 30, 201. Since July 1, 2011, the Plaintiff did not supply two-wheeled automobiles and their parts to the agency.
E. The Defendant’s balance of the goods price obligations against the Plaintiff is KRW 458,057,482 as of December 31, 2010, and the Defendant, under the instant agency contract, supplied and sold two-wheeled automobiles and parts thereof equivalent to KRW 247,156,640 from the Plaintiff. If the amount of damages for delay includes KRW 23,619,050, the remainder of the goods price obligations incurred after December 31, 2010 (=270,775,690, the original amount of damages for delay KRW 247,156,640, the amount of damages for delay of KRW 23,619,050).