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(영문) 울산지방법원 2015.02.05 2014가합7359
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 92,870,292 as well as the interest rate from October 11, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose purpose is to manufacture, process, and sell meat, and the Defendants jointly operate a wedding business in the name of “C”.

B. The Plaintiff entered into a contract with the Defendants for the supply of raw materials for meat. Accordingly, from May 10, 201 to September 10, 2014, the Plaintiff supplied the Defendants with raw materials equivalent to KRW 100,870,292.

C. The Plaintiff received KRW 8 million out of the food materials payment from the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2 (including the provisional number), the purport of the whole pleadings

2. According to the facts found above, the defendants are obligated to pay to the plaintiff 92,870,292 won after deducting the above eight million won from the price of food materials under the above supply contract, which is the amount of KRW 100,870,292, which was paid to the plaintiff by the plaintiff. The defendants are jointly and severally liable for the above payment, since they are liable to compensate the plaintiff for the above price under the above supply contract, which is the act of commercial activity.

(Article 57(1) of the Commercial Act. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the aforementioned KRW 92,870,292, and the damages for delay calculated at the rate of 20% per annum from October 11, 2014 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

3. Therefore, we decide to accept the Plaintiff’s claim on the grounds of its reasoning as per Disposition.

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