Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Text of the judgment of the court of first instance;
Reasons
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1 through 6, 8, 10, and 12 (including paper numbers) and witness D's testimony.
In Mapo-gu Seoul Metropolitan Government, the Plaintiff is engaged in nuclear power processing and sewinging, and the Defendants are married couple with the name of “G” from Faila to operate the clothing wholesale and retail business.
B. The Plaintiff, in accordance with the Defendants’ order from April 17, 2012 to July 29, 2013, supplied clothing to the Defendants. As of July 30, 2013, the Plaintiff supplied 13,08,400 won to the Defendants from April 17, 2012 to October 27, 2010, the Plaintiff supplied 161,160,30 won to the Defendants and paid 161,70 won to the Defendants from October 27, 2012. From April 19, 2013, the Plaintiff supplied 164,40 won to the Defendants.
7. Until July 30, 201, the Defendants supplied clothing equivalent to KRW 41,330,000 (including Kwikset Transportation Expenses) and paid KRW 31,500,000 from the Defendants to remain the remainder of the amount of KRW 9,830,00 as of July 30, 2013.
have not been paid the balance of the delivery.
2. Determination:
A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining amount of KRW 12,925,000 and damages for delay calculated at the rate of 20% per annum from November 25, 2013 to the day of full payment, which is the day following the last delivery date of the complaint against the Defendants.
B. As to the above, the Defendants asserted that it is unreasonable to claim for inclusion in the price of goods in the price of goods as if they were ordered, even though there was no order from July 30, 2012 to August 25, 2012. However, according to the aforementioned evidence, the Defendants may request the Plaintiff to pay the goods and process the goods to the Plaintiff during the above period and receive the goods. The Defendants may recognize the fact of receiving the goods by requesting the Plaintiff to pay the goods and process the goods, and they set forth in subparagraphs B through B (including the serial number).