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(영문) 서울중앙지방법원 2020.05.12 2019가단3811
물품대금 등 청구의 소
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 54,275,868, and 6% per annum from September 4, 2019 to May 12, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied the Defendant Company with an amount equivalent to KRW 117,206,012 of goods, such as storage batteries, pursuant to the agency transaction contract with the Defendant Company C (hereinafter “Defendant Company”). From March 15, 2018 to June 28, 2018, the Plaintiff supplied the Defendant Company with storage batteries and other goods.

At the time of the above contract, the defendant company agreed to pay the price of goods in cash at the time of payment at the time of the payment at the time of the contract.

B. On October 5, 2018, Defendant D, E, and F repaid KRW 116,206,00,000 on September 21, 2018 for Defendant Company’s remainder of the price of goods by Defendant Company.

The defendant company agreed to perform the payment obligation jointly with the defendant company.

C. The Defendants paid 2,00,000 won to the Plaintiff on October 11, 2018, and paid 114,206,012 (i.e., KRW 116,206,012 - KRW 2,000).

On January 28, 2019, the Plaintiff filed the instant lawsuit against the Defendants. The Defendants additionally paid KRW 67,706,740,000 to the Plaintiff, including KRW 2,706,740 on July 22, 2019, KRW 55,000,000 on July 25, 2019, and KRW 10,000 on September 3, 2019.

E. If the aforementioned amount paid by the Defendants is appropriated for the repayment of the Plaintiff’s claim in the order of interest and principal, the balance of the goods price (principal) as of September 3, 2019 as indicated in the attached Table of Calculation is KRW 54,275,868, as shown in the attached Table of Calculation.

The plaintiff asserts that the balance of the price of the goods is KRW 54,278,409. The reason why the plaintiff's assertion amount is more than the amount of the court's calculation is that one year and 365 days.

This Court calculated the principal and interest of obligations on the basis of one year and three hundred and sixty-six-six days, which are conditions no less favorable to debtors for convenience.

[Grounds for recognition] Clear facts in calculation, Gap evidence Nos. 1- 7, the purport of the whole pleadings

2. Accordingly, the Defendants are jointly and severally liable to the Plaintiff for the remaining amount of KRW 54,275,868 as well as the dispute as to the existence and scope of the Defendants’ obligation from September 4, 2019.

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