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(영문) 광주지방법원순천지원 2019.02.27 2018가단1371
물품대금
Text

1. The Defendants jointly share KRW 48,816,00 to the Plaintiff and Defendant B with respect thereto from July 15, 2018, and Defendant C with respect thereto from July 2018.

Reasons

1. The Plaintiff’s judgment on the cause of the claim sold a privately-owned wholesale market to the Defendants who engage in wholesale and retail business from August 7, 2017 to August 10, 2017. The fact that the Plaintiff and Defendant B sold a privately-owned fish of an amount equivalent to KRW 48,816,00,00. The Plaintiff and Defendant B did not appear at the date of pleading even after they were duly summoned by service by public notice, and did not clearly dispute the Plaintiff’s assertion because they did not submit written answers and other briefs, and thus, they were led to confession. The Plaintiff and Defendant C may be acknowledged by comprehensively considering the respective descriptions of subparagraphs 1 and 2 as well as the overall purport of the pleadings.

Therefore, barring any special circumstance, the Defendants are jointly obligated to pay to the Plaintiff the amount of KRW 48,816,00,000 for the sales proceeds of the above public water storage and the amount of KRW 48,816,00, which is the day following the delivery date of the instant complaint, and Defendant C is obligated to pay the amount calculated by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 23, 2018 to the day of full payment.

2. Defendant C’s assertion is alleged to the effect that there is a defect in the 6,720,000 won among the civilian goods supplied by the Plaintiff. However, there is no evidence to acknowledge it, and the Defendant’s assertion is without merit.

3. The plaintiff's claim against the defendants is justified, and all of them are accepted.

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