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(영문) 대전지방법원홍성지원 2017.12.07 2016가합1301
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 227,001,713 as well as KRW 198,340,062 as of March 16, 2017.

Reasons

1. Determination as to the cause of claim

A. 1) On May 13, 2013, the Plaintiff entered into an intermediary wholesaler trade agreement governing all matters relating to the trade of fishery products sold by the Plaintiff in the form of auction with Defendant A (hereinafter “instant trade agreement”).

A) The Defendant B entered into a contract, and Defendant B jointly and severally guaranteed the Plaintiff’s obligation to be borne by the Defendant A pursuant to the instant transaction agreement. Article 4 (Payment of Price) ① The Defendant A shall immediately pay the successful bid price: Provided, That the Plaintiff shall be 15 days from the date of sale (including the date of sale) in order to promote the smooth commercial transactions of Defendant A.

(2) The Defendant A shall pay the penalty for delay pursuant to the rate (14.5 per annum) set by the Plaintiff (14.5%) in addition to the price of the goods with respect to the payments for which the grace period has not elapsed. (2) Of the terms of the agreement drawn up at the time of the instant transaction agreement, the parts related to the instant case and the following are extracted.

3) Defendant A did not pay the successful bid price after receiving a successful bid at the auction procedure conducted by the Plaintiff. The amount of the unpaid goods accrued until March 15, 2017 is KRW 273,228,913 ( principal KRW 244,567,262; KRW 28,661,651). Defendant A repaid KRW 49,607,70 to the Plaintiff on March 15, 2017. Of them, KRW 3,380,500 paid by the Plaintiff was appropriated for the repayment of principal.

The remainder of the goods payment obligation of Defendant A, remaining after repayment at the time of March 15, 2017, is KRW 198,340,062 (=principal principal of KRW 244,567,262 – KRW 46,227,200) and KRW 227,01,713 (=198,340,062 Won 28,661,651).

[Reasons for Recognition] Facts without dispute, the fact that the plaintiff is the applicant, Gap evidence Nos. 1 through 4, Eul evidence No. 2, obvious facts in calculation, the purport of the whole pleadings

B. Unless there exist special circumstances, the Defendants jointly and severally agreed to the Plaintiff the principal and interest of the goods cost of KRW 227,001,713, and the principal and interest thereof.

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