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(영문) 대구지방법원 김천지원 2018.03.22 2017가단4382
매매대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 70,360,000 and the Defendant A corporation from November 2, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an agricultural partnership that engages in wholesale and retail business of agricultural products and the Defendant A (hereinafter “Defendant A”) is a company that engages in wholesale and retail business of agricultural products.

B. The Plaintiff supplied rice at the Defendant’s request, and the Plaintiff has a claim for the amount of KRW 70,360,000.

C. On October 5, 2016, Defendant A prepared and implemented a repayment plan to the Plaintiff on October 5, 2016, and paid KRW 25,000,000,000 until October 19, 2016, and KRW 25,000,000 until October 25, 2016, and KRW 20,360,000 until November 1, 2016. Defendant A, the representative director of Defendant A, guaranteed the said goods payment obligation.

[Evidence Evidence] No. 1, and the purport of the whole argument

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 70,360,000 for the goods and the amount of delay damages calculated at the rate of 15% per annum under the respective Commercial Act from November 2, 2016 to August 18, 2017 upon receipt of the original copy of the instant payment order from the date following the due date for payment of the contract to November 2, 2016, and Defendant B, from August 29, 2017 upon receipt of the original copy of the instant payment order until August 29, 2017, and from the next day to the date of full payment.

3. In conclusion, since the plaintiff's respective claims against the defendants against the defendants are well-grounded, it is decided as per Disposition by admitting all of them.

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