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(영문) 서울서부지방법원 2019.06.13 2018가합1797
물품대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 250,600,884 and the period from April 13, 2019 to May 31, 2019.

Reasons

1. The plaintiff is a company that is engaged in manufacturing and wholesale and retail business of computers and precision peripheral devices in Yongsan-gu Seoul, and supplies goods to the defendants. The defendant B (hereinafter "the defendant company") is a corporation that supplies goods from the plaintiff and engages in wholesale and retail business. The defendant C is the representative director of the defendant company.

The Plaintiff supplied goods to the Defendants whenever requested by the Defendants, and the amount of goods that the Defendants currently failed to pay to the Plaintiff is KRW 250,600,884.

On September 7, 2018, the Plaintiff and the Defendants agreed that the Defendants shall pay the Plaintiff the unpaid amount of KRW 250,600,884,000 among them shall be paid up to October 31, 2018, and the remainder KRW 220,600,884 shall be repaid four times from December 1, 2018 to December 5, 200, and KRW 5,600,884 shall be repaid four times on the last day of each month, respectively. If the Defendants fail to pay the said due amount on two or more occasions, the Defendants shall lose their benefit of time, and the Plaintiff shall be entitled to claim the remaining remainder at one time.

Nevertheless, the Defendants did not perform their obligations under the above agreement and lost the benefit of time.

Therefore, the Defendants shall jointly and severally pay to the Plaintiff the amount of KRW 250,600,884 and damages for delay calculated at the rate of 15% per annum from the day following the day on which the copy of the complaint of this case is served to the Plaintiff.

2. Article 208 (3) 1, and Article 257 of the Civil Procedure Act to which the same Act applies;

3. The part to which partial dismissal is partially dismissed is claimed for damages for delay calculated at the rate of 15% per annum, but where the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019, pursuant to Article 2(2) of the Addenda (Presidential Decree No. 29768, May 21, 2019) and the pleading is terminated after May 31, 2019, the previous decision is made until May 31, 2019.

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