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1. Defendant A and B jointly and severally against the Plaintiff KRW 185,849,463 and the Defendant A from January 24, 2014.
Reasons
1. Determination as to the claim for the price of goods
A. In fact, Defendant A and B operated the “Friju station” in Nam-gu, Nam-gu, Pohang-si, Nam-si.
The Plaintiff supplied Defendant A and B with oil equivalent to KRW 195,849,463 by January 11, 2014. Defendant A and B paid the amount of KRW 7,00,000 on January 22, 2014 and KRW 3,000,000 on January 23, 2014 to the Plaintiff, and the remaining amount of KRW 185,849,463 was not yet paid.
[Reasons for Recognition] Defendant A: The remainder of the Defendants under Article 150(3) and (1) of the Civil Procedure Act: The absence of dispute, Gap evidence Nos. 2 and 3, Gap evidence No. 7-4, 5, and 6, and the purport of the whole pleadings
B. According to the above findings of determination, Defendant A and B are jointly and severally liable to pay to the Plaintiff KRW 185,849,463 of the oil amount payable to the Plaintiff and damages for delay calculated at the rate of 15% per annum from January 24, 2014, which was the date of payment of the oil amount, to September 12, 2014, the delivery date of the copy of the complaint in this case, to Defendant B, and to Defendant B, 5% per annum from November 1, 2014, which is the date of delivery of the copy of the complaint in this case, to each of the following days, and 20% per annum from September 30, 2015 pursuant to the provisions of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and the Act on the Promotion of Legal Proceedings, etc., to the next day until September 30, 2015
(Plaintiff’s compensation for delay from October 1, 2015 is claimed at the rate of 20% per annum. However, from October 1, 2015 to October 1, 2015, the Plaintiff’s assertion on the excess portion is without merit. 2. Determination on the claim for revocation of fraudulent act is made on October 1, 2015
A. In fact, Defendant C entered into a sales contract with Defendant A on January 21, 2014, setting the sales amount of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate No. 1”) at KRW 30,000,000 (hereinafter “instant sales contract”) in its own name on the 22th day of the same month.