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(영문) 대구지방법원 2017.02.10 2016가단20470
물품대금
Text

1. Defendant B’s agricultural partnership and Defendant C’s joint and several liability for KRW 35,294,000 to the Plaintiff, as well as liability for damages incurred therefrom, from April 2, 2016.

Reasons

1. Claim against Defendant B, farming association corporation, or Defendant C

A. The Plaintiff, who is engaged in the wholesale and retail business with the trade name “E”, is the Defendant B farming association corporation (hereinafter “Defendant farming association”) from January 13, 2016 to February 28, 2016.

(2) On March 16, 2016, the Plaintiff supplied 45,284,00 won of the total amount of 45,000 won to the Defendant Farming Cooperative. (3) The Plaintiff agreed to reduce the amount of 40,000,000 won of the price of the goods that the said reduction was made to the Defendant Farming Cooperative. However, the Defendant Farming Cooperative paid 25,000,000 won of the price of the goods that the said reduction was made to the Defendant Farming Cooperative until March 28, 2016, until April 12, 2016. If the Defendant Farming Cooperative delays the payment of the said installment, the said reduction agreement becomes null and void, and the said amount shall be paid in a lump sum.

3) At the time of the above agreement, Defendant C, the representative director of the Defendant Farming Cooperative, had jointly and severally guaranteed the performance of the above goods payment obligation. 4) Defendant Farming Cooperative paid KRW 10,000,000 out of the above goods payment to the Plaintiff on April 1, 2016.

[Grounds for Recognition]

B. According to the above findings of determination, since the above reduction agreement was invalidated due to delay in the payment of the above installment, the above reduction agreement was made invalid. Accordingly, the defendant farming cooperative and the defendant C, a joint guarantor, are liable to pay damages for delay calculated at the rate of 35,924,00 won for the unpaid goods and 15% per annum under the Civil Act from April 2, 2016 to June 5, 2016, the delivery date of a copy of complaint against the defendant C, which is the date of delivery of a copy of complaint against the defendant farming cooperative, the defendant farming cooperative, and the defendant C, a joint guarantor, from the following day to the date of full payment.

2. Claim against Defendant D

A. The Plaintiff’s assertion 1) The Plaintiff holds a claim for the price of goods equivalent to KRW 35,294,00 against the Defendant Agricultural Cooperatives. Defendant D is a partner who invested KRW 11,00,000 in the Defendant Agricultural Cooperatives. 2)

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