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(영문) 대구지방법원 2019.06.19 2018나317162
물품대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

A. The Plaintiff is a merchant engaged in wholesale and retail business of agricultural chemicals and agricultural materials with the trade name of D, and the Defendants are mother and mother.

B. By August 1, 2013, the Plaintiff sold and delivered agricultural chemicals and other goods to the Defendants several times.

On the other hand, the Plaintiff did not agree separately with the Defendants as to the payment period of goods at the time of selling pesticides, etc. to the Defendants.

C. On December 30, 2015, Defendant C drafted a written confirmation of the balance of the price of goods (hereinafter “instant balance certificate”) stating that “as of December 30, 2015, credit payment of pesticides, etc. against the Plaintiff is KRW 15,248,360,00,000” (hereinafter “instant written confirmation”).

On December 29, 2016, Defendant B paid KRW 1,000,000 to the Plaintiff as part of the price of goods such as the above pesticide.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2-1, and Eul evidence Nos. 2-2, and the facts of the above recognition as to the grounds for the overall purport of the pleadings, it is reasonable to view that the plaintiff sold pesticides, etc. totaling KRW 15,248,360 as of December 30, 2015, as stated in the written confirmation of the balance of the instant case, a disposal document, to the defendants.

hereinafter referred to as "the claim for the price of the goods of this case"

(2) Meanwhile, the seller who delivered an object may claim damages for delay from the date of delivery, in the event that there is no agreement on the deadline for payment of the price of the goods, and the seller who delivered the object may claim damages for delay from the date of delivery (the latter part of Article 587 of the Civil Act). Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 14,248,360 won in total, and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from April 2, 2014 to April 30, 2018, the delivery date of the original original copy of the instant payment order, and from the following day to the date of full payment, 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

The Defendants’ determination as to the expiration of the statute of limitations.

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