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(영문) 창원지방법원 2017.03.30 2017가합100
물품대금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 266,138,757 and the Defendant B from June 1, 2015.

Reasons

1. The Plaintiff operating No. D with the indication of the claim was supplied to Defendant B, who operates E, on the surface process and processing of CD-ROMs, and Defendant C concurrently accepted the goods payment obligation against the Plaintiff on March 15, 2016, but the Defendants did not pay the goods to the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 266,138,757 of the goods supplied as of January 31, 2015 and May 31, 2015, and damages for delay calculated at the rate of 15% per annum under Article 54 of the Commercial Act from June 1, 2015 to February 26, 2017, the delivery date of a copy of the complaint in this case, to Defendant C; and 6% per annum from January 23, 2017, the delivery date of a copy of the complaint in this case, to Defendant C; and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

In addition, Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum for the amount of KRW 500,000,000 unpaid goods supplied to the Plaintiff from November 13, 2015 to January 3, 2017, calculated at the rate of 15% per annum from November 13, 2015 to January 3, 2017, including damages for delay calculated at the rate of 85,890,410, and ② the amount of KRW 500,000 to the date of full payment from January 4, 2017.

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.

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