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(영문) 서울중앙지방법원 2018.04.13 2017가합576008

물품대금

Text

1. As to KRW 218,99,415 and KRW 166,710,040 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 52,289,375.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of manufacturing and selling main instruments and appliances, and the Defendant is a personal entrepreneur who runs the wholesale business of main instruments and appliances in the name of “B.”

Around May 2003, the Plaintiff entered into an agency contract under which the Defendant and the Plaintiff supplied the Defendant with the main equipment, etc. and received the price for goods from the Defendant (hereinafter “instant contract”) and supplied the main equipment, etc. to the Defendant from around that time to October 2015 under the instant contract.

B. C is a joint and several surety to secure the payment of the goods to be borne by the Defendant to the Plaintiff under the instant contract. On November 10, 2004, with respect to the purchase price D, E, Underground1, and Underground2 owned by the Defendant, the registration of creation of a mortgage was completed with respect to the maximum debt amount of KRW 120,000,000, the debtor, the Defendant, and the Plaintiff as the mortgagee.

On September 15, 2009, C completed the registration of transfer of ownership on each of the above real estate to the Defendant on August 31, 2009.

C. B upon the Plaintiff’s application for voluntary auction

On June 21, 2017, the auction procedure of real estate rent was initiated with Busan District Court F, and on June 21, 2017, the Plaintiff was distributed KRW 67,710,625 out of the claim against the Defendant on the date of distribution of the said auction case.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 5, and 8 as to the cause of the claim, the plaintiff supplied goods of KRW 266,710,040 to the defendant on credit according to the contract of this case from May 2003 to October 2015, but did not receive the price for the goods from the defendant, and the plaintiff has a claim for the payment of KRW 20,000,000 against the defendant.