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1. The Plaintiff:
A. As to Defendant B Company 319,681,049 won and its 53,880,123 won, from June 1, 2019,
Reasons
1. Basic facts
A. On January 26, 2018, the Plaintiff entered into a regular sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) for the terms of the contract from February 1, 2018 to January 31, 2021, the contract price of KRW 28,637 per ton of the contract unit price (excluding value added tax), and the annual contract quantity of KRW 50,000 (hereinafter “instant sales contract”).
B. According to the instant sales contract, the Plaintiff supplied the Defendants with a regular meeting from the first day of each month to the last day of the following month, and then filed a claim for the sales proceeds of the regular meeting by the tenth day of the following month, and the Defendants are obliged to pay the sales proceeds of the regular meeting by the last day of the following month (Article 7 of the General Conditions). Meanwhile, in the instant sales contract, where the Defendants did not pay the sales proceeds within the above period, the amount of delayed damages calculated by multiplying the number of days in arrears by the average value of the interest rate applied at the time of loan of the ordinary fund (Article 8 of the General Conditions), i.e., the overdue interest rate for the number of days in arrears (Article 8 of the General Conditions), i.e., the amount of delayed damages calculated by multiplying the number of days in arrears by the average value of the interest rate applied at the time of loan of the ordinary fund (Article 8 of the General Conditions), and the monthly contract quantity is less than 80%, and the Defendants take out less than 60% of the amount in arrears (Article 98).
Around October 2019, the Plaintiff supplied a meeting to the Defendants, and terminated the instant sales contract on the grounds of nonperformance of obligations, such as sales proceeds of the Defendants and the payment of penalty, etc.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 13 (including each number for which there are several numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Scope of the Defendants’ obligation to pay sales proceeds, etc.
A. The non-paid sales proceeds and delayed damages therefrom are supplied to Defendant B.