beta
Text
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 86,115,36 as well as 12% per annum from June 2, 2019 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. (1) On September 18, 2017, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for the sale of ice and paper (hereinafter “instant sales contract”) and the main contents are as follows.
(A) Article 2 (1) "A" provides "B" with general products and goods as KRW 100,000, KRW 100,000, KRW 100,000, KRW 380, and the settlement of the price for the supplied goods shall, in principle, be made in cash simultaneously with the delivery of the goods.
(3) “B” shall sell during the term of this contract the products of “A” at least KRW 300,000 (other than supply price VAT) and shall automatically extend the contract period until the completion of the sale.
Article 3 “A” shall assist “B” in the following matters, subject to the faithful implementation of the terms and conditions of this Agreement:
(1) The contents of support: (1) Article 4, "B," of the Won 4,00,000 won (Won 40,000,000) shall pay to "B," as penalty, an amount equivalent to two times the amount of support provided under Article 3 or thirty percent of the amount of the sales agreement under Article 2, paragraph (3), in the following cases: (1) where "B," even though the amount of sales objectives (the amount of sales agreement under Article 2, paragraph (3), is less than the sales objectives), if "B," has breached this contract by intention or negligence of "B," or if it is impossible to maintain this contract due to a change in the name of "B," due to special reasons in relation to this contract under Article 8, the principle of succession shall be applicable. (2) Defendant C, D, and F, under the sales agreement of this case, have made joint and several transactions with the Plaintiff under the sales agreement of this case, the Plaintiff supplied the goods to "B," and without having received the goods from the Plaintiff 26.3658.7.6