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(영문) 수원지방법원 2018.11.15 2017가합1502
물품대금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 269,288,702 and its KRW 69,288,702, Defendant B, from April 11, 2017,

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and “Defendant Co., Ltd.”).

(2) Although the Defendant Company supplied livestock products to the Plaintiff from November 2014 to October 2016, it was not paid KRW 269,288,702 out of the price of the said goods. (2) The Defendant Company agreed to pay KRW 147,752,420 to the Plaintiff, which occurred until May 11, 2015, KRW 22,00,000 each month, and Defendant D and C guaranteed the Defendant Company’s obligation to pay KRW 147,752,420 to the Plaintiff on the same day.

3) On January 2, 2017, the Defendant Company agreed to pay KRW 269,288,702 to the Plaintiff the unpaid amount of livestock products to KRW 50,00,000 on the last day of each month from January 2, 2017, and Defendant E and F guaranteed the Defendant Company’s obligation to pay KRW 269,28,702 to the Plaintiff on the same day. [The Defendant Company, D, and E: the absence of dispute, the purport of each entry and pleading in the evidence No. 1 and No. 2, Defendant C: deemed confession, Defendant F: the purport of each entry and pleading in the evidence No. 1 and No. 2, and the purport of all pleadings and arguments as a whole.

B. As seen earlier, the Plaintiff’s determination as to the claim against the Defendant Company was based on the supply of livestock products to the Defendant Company and the obligation to pay for the unpaid goods on or around January 2, 2017 constitutes KRW 269,288,702 and KRW 69,288,702, which is the day following the delivery date of the copy of the instant complaint sought by the Plaintiff, with respect to KRW 269,288,702, and KRW 200,000 from April 12, 2017, which is the day following the delivery date of the application for change of the purport of the instant claim and the cause of the claim, the Defendant Company is obligated to pay damages for delay calculated by 15% per annum from September 8, 2018 to the day of full payment.

The plaintiff claimed against the defendant company 269,288,702 as damages for delay the amount of 15% per annum from the day following the day of service of a copy of the complaint to the day of full payment. However, the plaintiff is the first defendant company.

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