logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.01.14 2015가단17828
물품대금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 4,660,000 won and each year from June 5, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On April 9, 2015, while the Plaintiff was operating the clothes in Asan-si D, the Plaintiff agreed to sell the goods to the Defendants by leasing them to the Defendant B by June 10, 2015.

B. The Defendants paid the down payment of KRW 40 million on April 10, 2015. The Plaintiff and the Defendants agreed to pay the remainder of KRW 30 million in a card payment by May 10, 2015. The Defendants used the inner clothes store up to June 10, 2015, and paid KRW 2.5 million per month to the Plaintiff on the same day when the Defendants did not transfer the stores to the Plaintiff.

C. Since May 10, 2015, the Defendants failed to pay KRW 40 million by May 10, 2015, the Plaintiff and the Defendants agreed to pay KRW 10 million in cash by May 15, 2015, and to pay the remainder by credit card settlement until June 10, 2015.

In addition, the defendants extended the period of provisional use by June 30, 2015 and agreed to pay 1 million won in the name of rent.

However, if the Defendants fail to comply with the terms of the above contract, 4 million won shall be paid as penalty, and the amount of rent shall be paid 2.5 million won per month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserts that, in accordance with the final agreement between the Plaintiff and the Defendants, the Defendants did not pay the agreed money by June 10, 2015, the Plaintiff should pay KRW 660,000,000 calculated by deducting the amount of KRW 1.6 million from the amount of penalty of KRW 4 million and the amount of penalty of KRW 1.66 million (20,000,000,000,000,000) paid by the Defendants.

The Defendants’ failure to pay all the money that they promised to pay by June 10, 2015 is acknowledged by themselves, and the fact that the Defendants paid the amount of KRW 1 million at a premium does not conflict between the parties, so the Defendants are jointly and severally liable in accordance with the last agreement.

arrow