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(영문) 서울남부지방법원 2015.04.29 2015가단11094
미수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) KRW 36,745,147 and its related amounts shall be from November 28, 2014 to the date of complete payment.

Reasons

1. Facts below the facts of recognition do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to the statements in Gap evidence 1 to Gap evidence 3 and Eul evidence 1-7.

On August 14, 2014, the Plaintiff agreed to sell steel products with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). In the event of delay in the payment of the price, the Plaintiff entered into a trade agreement to pay the unpaid amount in addition to the overdue interest of 20% per annum. In such case, Defendant B and C guaranteed the Plaintiff’s obligation under the above agreement with the Defendant Co., Ltd.

B. Since the above arrangement, the Defendant Company received from the Plaintiff the supply of steel materials equivalent to KRW 50,990,764 from the Plaintiff to October 2, 2014, and received supply of steel materials equivalent to KRW 42,387,620 from October 6, 2014 to August 8, 2014.

(hereinafter referred to as “the first price” and “the second price”) in sequence.

At the request of the Defendant Company, the Plaintiff postponed the payment date of the first price as of October 31, 2014, and postponed the second price as of November 28, 2014.

On the other hand, on November 27, 2014, Defendant Company paid 15,000,000 won to the Plaintiff as part of the above payment.

2. Determination

A. The amount that the Defendant Company partially repaid as above is insufficient to extinguish the entire amount of the first price and its overdue interest and the second price, and there is no evidence to deem that the parties designated the obligation to meet the repayment at the time of the repayment.

Therefore, 15,00,000 won which the Defendant Company partially repaid is appropriated for the repayment of overdue interest to the first payment that became due under Articles 477 and 479 of the Civil Act, and the remainder of 14,245,617 won shall be appropriated for the repayment of overdue interest to the time of the due date (=54,383 won x 50,90,764 won x 20/100 x 27/365 x less than won) and the remainder of 14,245,617 won shall be appropriated for the repayment of principal.

B. Therefore, the Defendants jointly and severally pay the remainder of KRW 36,745,147 (=50,990,764 - 14,245,617) to the Plaintiff.

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