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(영문) 의정부지방법원고양지원 2020.11.13 2020가합71270
매매대금
Text

The Defendants jointly share KRW 237,583,685 against the Plaintiff, and Defendant B, from March 19, 2020, and Defendant C and D, respectively.

Reasons

1. The Plaintiff: (a) concluded a goods transaction agreement with Defendant B from May 2, 2019 to December 2, 2019; (b) supplied KRW 337,921,309 to Defendant B; (c) Defendant B did not pay KRW 237,583,685 out of the price of the said goods; and (d) the Plaintiff asserted that the Plaintiff entered into an agreement with the Defendants on the assignment of claims that takes over KRW 237,583,685 to Defendant C and D’s claim against Defendant C and D; (c) Defendant B led to the confession of the said assertion; and (d) Defendant C and D led to the confession of the said assertion in accordance with Article 150(3) and (1) of the Civil Procedure Act.

According to the above facts of recognition, the defendants jointly seek payment of money to the defendants and jointly and severally. However, since the defendant Eul's goods payment obligation and the defendant C and D's acceptance obligation are in a non-joint and several relationship, the defendants are jointly obligated to pay the above money.

As to the Plaintiff, Defendant B, who is the next day after the delivery of a copy of the complaint of this case, bears the obligation to pay damages for delay at the rate of 12% per annum from March 19, 2020 to the day of full payment, and from April 8, 2020 to the day of full payment, Defendant C and D are liable to pay damages for delay at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

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