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(영문) 창원지방법원통영지원 2015.04.14 2014가단11979
매매대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 46,400,000 and the interest rate thereon from March 12, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff is engaged in the wholesale and retail business of fishery products under the trade name of “D,” and Defendant B (hereinafter “Defendant B”) is a company whose main purpose is the fishery products processing business, and Defendant C is the representative of the above company.

B. The Plaintiff supplied Defendant B with freezing fish equivalent to KRW 99,750,000 on July 8, 2013, and freezing fish equivalent to KRW 14,780,00 on July 22, 2013. Defendant B returned freezing fish equivalent to KRW 46,430,00 on August 29, 2013 and partly repaid the price of the goods. The unpaid amount of goods is KRW 46,40,000.

C. On September 9, 2013, C agreed to sell the said freezing fish as an individual qualification to pay the Plaintiff the unpaid amount of goods by September 30, 2013, and again agreed to pay the unpaid amount of goods by December 6, 2013 to the Plaintiff by December 20, 2013.

B. The Defendants are the defendants

a contract for the supply of goods described in paragraph (3); and

Notwithstanding the agreement, the plaintiff did not perform his/her duty. The plaintiff jointly and severally seek against the defendants payment of the price for the above goods and damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day after the last copy of the complaint of this case to the day of full payment.

2. Applicable provisions;

A. Article 208(3)3 of the Civil Procedure Act (amended by service by public notice) against Defendant B

B. Article 208 (3) 2 of the Civil Procedure Act against Defendant C (a judgment by deeming the Defendant as a person who is in a private interest)

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