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(영문) 서울북부지방법원 2015.03.27 2014가단7473

물품대금등

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 64,482,50 and 20% per annum from March 7, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells textile, yarns, and clothing, and Defendant B (hereinafter “B”) is a company that manufactures and sells the clothing, yarns, and clothing. Defendant C is a company that engages in wholesale and retail business. Defendant C is a person who takes a leading role in the management as the chief of the general headquarters of Defendant B’s headquarters. Defendant A is a partner of Defendant C as a person who engages in clothing retail business with the trade name called “D.”

B. As of May 22, 2013, Defendant B commenced rehabilitation procedures as Seoul Central District Court 2013 Ma69 and appointed a custodian. However, on November 12, 2013, Defendant B was decided to discontinue the rehabilitation procedures, and the said decision was finalized at that time.

C. On August 14, 2013, the Plaintiff entered into a basic contract on the supply of sports clothes in the size of KRW 238,000,000 at the request of Defendant C, which would produce sports clothes (malbane) in the name of the Defendant A at the request of Defendant C, and supply them to Defendant B.

(hereinafter “instant delivery contract”). D.

The Plaintiff produced sports clothes (malbane) ordered by November 6, 2013, and supplied them to Defendant B, issued tax invoices, and received payments from Defendant B. The unpaid amount is KRW 64,482,50.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 6 (including additional numbers), the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. (1) The summary of the party's assertion (1) The defendant A is obligated to pay the price for supply according to the contract of this case, since he knew that he would be the party to the delivery contract of this case and consented to it. Even if the defendant A is not recognized as the party to the contract of this case, it shall be deemed that he will be the party to the delivery contract of this case as a joint and several surety, so the defendant A is obligated to pay the price

The Plaintiff requested the delivery of Defendant C.