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Reasons
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(영문) 서울남부지방법원 2015.04.03 2014가단234173
손해배상(기)
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1. The Defendants jointly and severally against the Plaintiff A with respect to KRW 17,774,730, and KRW 8,326,400 and each of the above amounts.

Reasons

1. Facts of recognition;

A. On August 1, 2014, Plaintiff A (hereinafter “Plaintiff A1”) agreed that the Defendants, who engage in wholesale and retail business of cosmetics, would be supplied with KRW 700 and KRW 35,681,00 with KRW 30 and KRW 630 with KRW 10% of the price when the Defendants violated the contract. Plaintiff A paid KRW 10,704,300 of the said price to the Defendants on July 31, 2014. (2) On August 2, 2014, Plaintiff A again provided the Defendants with KRW 50,00 with KRW 10,000,000 of the said price, and paid KRW 10% of the contract price to the Defendants.

3) However, the Defendants did not supply each of the above products, and they returned KRW 5,00,000 as they demanded the return of the amount paid by the Plaintiff A. (b) Plaintiff B (Plaintiff B1) on July 31, 2014, the Defendants agreed to receive 400 payment of KRW 10,080 from the Defendants for KRW 10,080,00 until August 16, 2014, and the Defendants agreed to pay 10% penalty when they violated the contract.

Plaintiff

B paid 3,024,00 won to the Defendants on the same day.

2) Around August 4, 2014, Plaintiff B provided cosmetics, such as the king of the king War, from the Defendants, and paid a total of KRW 24,740,850 to the Defendants. However, the Defendants supplied only the cosmetics equivalent to KRW 19,740,850, and supplied the remainder of KRW 5,000,00. [The Defendants are not supplying the cosmetics deemed to have no dispute over the grounds for recognition, the entries in the evidence No. 1 through No. 7, and the purport of the entire pleadings.

2. Determination

A. According to the above facts, the defendants jointly and severally compensate the plaintiff A for damages due to the non-performance of obligation. 1), 17,774,730 won [=1,070,430 won penalty of 11,070,000 won + 10,700,000 won [10,704,300 x 10%) - 5,000,000 won - 2] 8,326,40 won for the plaintiff B [3,024,000 won + 5,000,000 won for penalty of 302,40 won for each of them [3,024,000 x 10%) and the defendant C who affixed the complaint on each of them.

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