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(영문) 광주지방법원 2015.09.25 2015나3118
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 4.

On May 29, 2012, the Plaintiff entered into an agreement on the credit transaction of agricultural and fishery products (hereinafter “the instant credit transaction agreement”) with the instant corporation on May 29, 2012, setting the maximum credit transaction amount of KRW 50 million, the expiration date of the credit period on May 31, 2013, and the grace period on credit transaction until the end of the following month after the end of each month (one month), the agreed interest rate of KRW 6.5% per annum, and the interest rate of arrears at 15% per annum, respectively. The Plaintiff agreed to determine the transaction amount to be repaid by the instant corporation on the basis of the amount confirmed by the Plaintiff’s ledger, etc.

In addition, the defendant jointly and severally guaranteed the obligations of the corporation of this case based on the credit transaction agreement of this case.

B. The Plaintiff supplied agricultural and fishery products to the Defendant pursuant to the credit transaction agreement of this case, and the credit account balance that the Defendant did not pay remains at KRW 19,243,505 (= Principal KRW 18,297,769).

2. According to the above findings of determination, the Defendant is jointly and severally liable with the instant corporation to pay damages for delay at the rate of 15% per annum, which is the overdue interest rate from May 1, 2013 to the date of full payment, as to the amount of KRW 19,243,505, and the principal amount of KRW 18,297,769 under the credit transaction agreement of this case, barring any special circumstance.

3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is just, the defendant's appeal is dismissed on the grounds of its reasoning, and it is obvious that "19,243,532 won" in Paragraph 1 of the judgment of the court of first instance is a clerical error of "19,243,505 won", and it is so decided as per Disposition.

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