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(영문) 전주지방법원남원지원 2019.10.23 2019가단440
매매대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff 45 million won and the interest rate of 15% per annum from November 2, 2018 to the date of full payment.

Reasons

1. On July 26, 2018, the Plaintiff entered into a sales contract with the Defendant Limited Company C (hereinafter “Defendant Company”) and the Defendant Company to sell MF8 x 4 dump trucks (500) for KRW 497.6 million (hereinafter “instant sales contract”).

According to the instant sales contract, the Defendant Company shall pay the Plaintiff the sum of KRW 452,400,000,000,000 for the first down payment and the installment payments, and shall pay the remainder of KRW 45,20,000,000,000 for the sales price incurred from the purchase of dump trucks until November 1, 2018. In the event of delay in the payment of the sales price pursuant to the instant sales contract, damages for delay calculated at the rate of 15% per annum for the amount

At the time of entering into the instant sales contract, Defendant D jointly and severally guaranteed the obligation to pay the purchase price to the Plaintiff of the Defendant Company.

On July 30, 2018, the Plaintiff delivered two dump trucks to the Defendant Company.

On the other hand, according to the instant sales contract, the Plaintiff received KRW 450 million in total from the Defendant in accordance with the instant sales contract.

[Basis] Facts without dispute, Gap's evidence Nos. 1-3 (including a paper number. No. 1-3 of Gap's evidence No. 1-3, there is no dispute over each of the defendants' seals, and the authenticity of the entire document is presumed to have been established. The defendants asserted that the plaintiff's employee used the seals of the defendants and affixed them to each of the above documents. However, there is no evidence to acknowledge it) and the purport

2. According to the above facts of determination, the Defendant Company shall pay the remainder of the sales price of KRW 45.2 million to the Plaintiff in accordance with the instant sales contract, and the Defendant D shall be jointly and severally liable to pay the remainder as joint and several sureties.

Therefore, the Defendants are jointly and severally liable to pay 45 million won for the remainder of the purchase price and 15% per annum from November 2, 2018 to the date of full payment.

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