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(영문) 부산지방법원서부지원 2019.09.05 2019가합100030
물품대금
Text

1. The Defendants jointly and severally with the Plaintiff KRW 225,271,698,

(a) From July 23, 2010 to KRW 137,582,00 among them.

Reasons

1. Each fact below the facts of recognition is without dispute between the plaintiff and the defendant Eul, and it can be recognized by taking into account the respective descriptions of Gap evidence 1 through 5 (including branch numbers) and the whole purport of the pleadings between the plaintiff and the defendant C.

The Plaintiff supplied the Defendants, who were engaged in the wholesale business in the field of the field of the seed, with the trade name of “E” from March 1, 2005 to April 15, 2005, with the aggregate amount of KRW 137,582,00,00.

B. The Plaintiff filed a claim against the Defendants for the payment of the said goods as Busan District Court 2006Gahap222.

On July 13, 2006, the above court rendered a judgment that "the defendants jointly and severally pay to the plaintiff 137,582,000 won with 20% interest per annum from May 4, 2006 to the date of full payment" and the above judgment became final and conclusive on July 30, 2006.

C. The Plaintiff filed an application for a compulsory auction of real estate with the Gwangju District Court F with the title of execution. At the auction procedure, the Plaintiff received dividends of KRW 28,406,894 as the creditor of KRW 137,582,00 on July 22, 2010 and KRW 116,096,592 on delay damages.

On June 29, 2016, Defendants filed bankruptcy and application for immunity respectively with the Gwangju District Court, but withdrawn each application on November 9, 2016.

2. According to the above facts of recognition, KRW 28,406,894, which the Plaintiff received as dividends in the compulsory auction procedure on July 22, 2010, remains for repayment of damages incurred until the time under Article 479(1) of the Civil Act. Ultimately, the Plaintiff’s claim against the Defendants against the Defendants remains for the principal amounting to KRW 137,582,00 as of July 22, 2010 and KRW 87,689,69,698 (=16,096,592 - 28,406,894).

Therefore, the Defendants are jointly and severally liable to the Plaintiff (i.e., KRW 137,582,00, KRW 87,689,698) and the principal amount of KRW 137,582,00 from July 23, 2010 to the date of full payment, which is within the scope established by the said judgment.

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