beta
Text
1. The Plaintiff:
A. Defendant A Co., Ltd. shall pay KRW 1,689,446,750 and its amount from December 1, 2016 to the date of full payment.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Grounds;
A. Article 208(3)2 of the Civil Procedure Act of the defendant A’s claim against the defendant corporation(s)
B. Article 208(3)3 of the Civil Procedure Act (a judgment by public notice) on Defendant B’s claim
3. The part dismissing part of the claim against Defendant B is to seek payment of the unpaid purchase price to Defendant B, a joint and several surety for Defendant A’s payment of the purchase price, calculated by the ratio of 20% per annum from December 1, 2016, to 1,689,446,750, and damages for delay calculated by the ratio of 20% per annum from December 1, 2016.
However, according to the evidence evidence No. 1, the period during which KRW 426,30,750, out of the above-paid purchase price of KRW 1,689,446,750, is due for KRW 426,30,421,046,00 shall be December 20, 2016; and the period during which the above-paid purchase price of KRW 421,046,00 is due shall be December 31, 2017; and there is no assertion or proof as to the agreement on loss of profits based on the above-paid purchase price of KRW 421,00,00.
Therefore, Defendant B, a joint and several surety, has a duty to pay the Plaintiff KRW 426,30,750, out of the above KRW 1,689,446,750, the amount of KRW 428,750, which is calculated at the rate of 20% per annum, which is the agreed interest rate for delay damages, from December 1, 2016, KRW 421,046,00, which is the date following the due date, for KRW 21,421,00,00, which is the following due date, for KRW 421,00 from February 1, 2017, KRW 421,046,00 from March 1, 2017 to the date of full payment, and there is no reason for the Plaintiff’s claim for delay damages exceeding the above recognized limit.
Therefore, the plaintiff's claim against the defendant B is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.