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(영문) 서울중앙지방법원 2014.08.13 2014가합19573

물품대금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 541,00,000 and the period from June 11, 2013 to May 26, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company whose business purpose is the wholesale and retail business of building materials, and Defendant A is a company with the business of manufacturing and installing steel structures (hereinafter “Defendant A”), and Defendant B is the representative of Defendant D, a hybrid corporation operated by Defendant A, and Defendant C is a person who operates the business with Defendant A and B.

B. On June 25, 2012, the Plaintiff entered into a sales contract with Defendant A, with the content that the Plaintiff would supply the building panel and structural materials to be used in the restaurant of the Bra Eretic Eretic Complex to Defendant A for the supply of the goods price of KRW 671,00,000 (including value-added tax).

(hereinafter “instant contract”). The Plaintiff supplied all the goods to Defendant A under the said contract. However, Defendant A only paid KRW 130,000,000 out of the price of the said goods, but did not pay KRW 541,00,000 in the remainder of the goods.

C. On October 21, 2013, the Plaintiff submitted a petition against Defendant A’s failure to pay the remainder of the goods despite the continuous demand notice. Around October 21, 2013, the Plaintiff submitted to a local corporation of the F Company’s Brazil, which was in charge of the F Company’s Bra E-S Corporation construction.

In order to solve the above problem, around October 29, 2013, Defendant B and C prepared a written confirmation that the Plaintiff would pay 541,000,000 won of the remainder of the goods to the Plaintiff in three installments and provide joint and several surety.

(hereinafter referred to as “instant confirmation”). [The grounds for recognition] Gap evidence 1, Gap evidence 2, Gap evidence 5, Gap evidence 6, Gap evidence 7, and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, Defendant B and C agreed to jointly pay the remainder of the goods not paid by Defendant A to the Plaintiff.

As such, the Defendants jointly and severally filed a claim against the Plaintiff for the remaining amount of KRW 541,00,000 as well as the pertinent amount of KRW 541,00 after the date of supply of the goods.