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1. The Defendants jointly and severally committed against the Plaintiff KRW 38,152,556 and Defendant A from December 15, 2015, and Defendant B.
Reasons
1. Facts of recognition;
A. On July 15, 2015, the Plaintiff agreed to exclusively supply chip and food materials to three places in Defendant A’s C swimming pool stores from July 15, 2015 to August 30, 2015.
Defendant A received KRW 7,500,000 from the Plaintiff as a subsidy, and agreed to compensate the Plaintiff twice the subsidy if the Plaintiff violates the monopoly agreement, and Article 1(5), which is the part of the penalty agreement, is written as “Article 2 and Article 1(1).” In addition to the exclusive transaction violation, Defendant A is able to seek a penalty for breach of the terms and conditions of payment. However, in light of the fact that Defendant A did not affix any corrective seal on the part of the contract, and the evidence No. 1 submitted by Defendant B does not contain such indication, Defendant A cannot be deemed to have agreed to pay the penalty for violation of the terms and conditions of payment (Article 2(1)).
Price of goods shall be July 30, 2015;
8.15.
8. The Agreement was made in full on 30.30.
B. The Plaintiff supplied goods to Defendant A by August 23, 2015, and up to now, the Plaintiff did not receive KRW 23,152,556 out of the price of goods.
On October 1, 2015, the Plaintiff sent to Defendant A a certificate of content that Defendant A violated the exclusive contract and was supplied by other companies.
C. On October 12, 2015, Defendant B drafted a written confirmation to the Plaintiff that the Plaintiff is obligated to pay the full amount of the price of the goods as well as the penalty of KRW 15,000,000.
[Grounds for Recognition: Confession against Defendant A; the fact that there is no dispute over Defendant B; Gap evidence Nos. 1 through 6; and the purport of the whole pleadings]
2. According to the above facts of recognition, the Defendants jointly and severally seek to the Plaintiff the sum of KRW 23,152,556 and penalty of KRW 15,00,00,000, and the amount of KRW 38,152,556.