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(영문) 부산지방법원서부지원 2017.10.20 2017가단102202
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 64,88,000 won and the period from December 1, 2014 to October 20, 2017.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Defendants, as their husband and wife, registered their business in the name of their children or their relatives (the births of Defendant B) since 2008 and operated the meat restaurant jointly with the trade name of “C”, “D”, “E”, and “F.” 2) The Plaintiff, while engaging in the livestock product sales business from around November 2008 to around November 18, 2014, sold the meat products by setting the sales proceeds to be the last day of each month and received settlement.

3) With respect to the sale of meat in 2014 for which the Plaintiff seeks payment of outstanding amount, the Plaintiff sold to the Defendants the meat equivalent to the amount indicated in the “amount supplied” column as indicated in attached Table 1 from January 3, 2014 to November 18, 2014 as of the date indicated in attached Table 1, and the Defendants sold the meat equivalent to the amount indicated in the “amount supplied” column as of each date, and the “amount deposited” column as of each date indicated in the “amount deposited” column as of each date (total: 107,119,000 won) and designated a debt to pay the Plaintiff’s account with a specific “date of supply (public sale)”; according to the Defendants’ designation, the Plaintiff deducted the amount entered in the “amount supplied” column from the large amount stated in the “amount supplied” column as “amount in attached Table 1 (total: 68,529,000 won, evidence No. 12-14, evidence No. 21-4, and evidence No.2-1-4, and each column No.

B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the outstanding amount of KRW 68,529,000, the outstanding amount of KRW 68,529,000, which was the total of KRW 3,641,000 prior to April 18, 2014, which was three years prior to the filing of the instant lawsuit, and the outstanding amount of KRW 64,88,000, which the Plaintiff claimed from December 1, 2014, as the Plaintiff seeks from December 1, 2014, which is the date of the instant judgment, 6% per annum under the Commercial Act until October 20, 2017, and damages for delay calculated at 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of the instant judgment, from the next day to the date of full payment.

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