(영문) 서울중앙지방법원 2015.01.08 2014가합30990

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(영문) 서울중앙지방법원 2015.01.08 2014가합30990

물품대금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,835,356,765 and the interest rate thereon from March 31, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in cement manufacturing and sales business, and Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company with the objective of manufacturing and selling basic materials and building materials, and Defendant B is an internal director of the Defendant Company.

B. Around September 2008, the Plaintiff entered into a cement supply contract with the Defendant Company with the content that the Plaintiff supplies the Defendant Company with a total of 50,000 tons of cement cement from September 2008 to September 2009 (hereinafter “instant supply contract”). Defendant C jointly and severally guaranteed all obligations, such as goods payment obligations, bill payment obligations, etc. that the Defendant Company owes to the Plaintiff.

The main contents of the instant supply contract are as follows.

Where a transaction continues after the expiration of the contract term under Article 4 ( Implied Renewal) and a contracting party fails to raise an objection within 30 days, the contract shall be deemed to have been renewed under the same conditions.

Article 6 (Price)

1. The cement price that the plaintiff supplies to the defendant company shall be determined by the plaintiff.

2. The cement price supplied by the Plaintiff to the Defendant Company shall be the amount calculated by adding the costs of transport to the price determined by the Plaintiff.

Article 12 (Termination of Contracts and Loss of Benefit of Time)

2. In any of the following cases, the Plaintiff may notify the Defendant Company of a fixed period of 14 days, and may terminate this contract if no corrective measure is taken within the said period:

1. Where the defendant company defaults on the payment of goods;

3. Where this contract is terminated, the defendant company shall lose the benefit of time for all obligations against the plaintiff and the defendant company shall immediately pay all obligations in cash.

If the repayment of an obligation is not made immediately, the defendant company shall be liable to pay 25% (25%) per annum from the date of the occurrence of the foregoing cause to the date of full payment of the obligation.

The date of receipt of the serial number No. 1 D 1D on the date of receipt of the bill number shall be October 30, 2013.

유사 판례

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