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(영문) 서울중앙지방법원 2020.02.18 2018가단5221358
물품대금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 1,981,355 and a rate of 12% per annum from November 2, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of export, import, manufacture, sale, etc. of phrases and pets, and the Defendants are companies or individuals engaging in wholesale and retail business of goods, such as phrases.

B. The Plaintiff entered into a sales contract with the Defendants as indicated below, supplied the Defendants with goods such as phrases, etc., and traded goods in a way that the Defendants receive the price for the goods.

The Defendant’s trading period between B B B around June 2016 and around June 2016, 2016: (a) around July 2012 from around July 2012 to around September 2018, 2012; (b) around April 1, 2013 to around September 1, 2013; (c) 4 EI around January 2016 to June 5, 2016 from around June 2018 to around June 2018; and (d) the purport of the entire pleadings as to each of subparagraphs 1 through 7, 2018.

2. As to the claim against Defendant B, Defendant B is liable to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from Jun. 2, 2018 to Jun. 2018, in the transaction of goods, such as goods from Jun. 2016 to Jun. 2018, the Plaintiff did not pay KRW 1,981,35 to the Plaintiff. Defendant B is liable to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from Nov. 2, 2018 to the day of full payment, as the Plaintiff seeks.

3. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion 1) Defendant C traded goods with the Plaintiff from July 2012 to September 2018, with the trade name “H”. However, Defendant C did not pay KRW 15,94,091 to the Plaintiff. As such, the Plaintiff sought payment of the price for the goods unpaid to Defendant C from November 30, 2013 to November 29, 2018, the Plaintiff supplied KRW 410,973,532 to Defendant C with the goods of KRW 412,18,916 to the Plaintiff.

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