beta
(영문) 대전지방법원 2014.10.21 2012가단54543

약정금(신문대금)

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 59,156,744 as well as as the period from November 29, 2012 to October 21, 2014.

Reasons

1. Determination on the cause of the claim

A. On October 1, 2004, the Plaintiff asserted that Defendant B entered into a contract between Defendant B and Defendant B to establish the Plaintiff’s branch office and supply the Plaintiff’s newspaper. From October 1, 2004 to October 2007, the Plaintiff supplied the examination to Defendant B issued by the Plaintiff, and Defendant C jointly and severally guaranteed Defendant B’s obligations under the above contract.

Defendant B did not pay part of the newspaper price and advertising price to the Plaintiff. The Plaintiff claimed against the Defendants the payment of the outstanding amount of KRW 87,542,760 of the newspaper price and the outstanding amount of KRW 6,62,100 of the advertising price, KRW 94,164,860 of the total of KRW 10,05,166 of the retirement allowance to be paid by the Plaintiff to the Defendant C, KRW 8,30,850 of the unpaid amount of the newspaper price, KRW 8,30,850 of the unpaid amount, and KRW 65,778,844 of the established branch office to be refunded to the Defendant C, and any delay in its payment.

B. (1) In full view of the following facts: (a) On October 1, 2004, the Plaintiff entered into a contract with Defendant B to establish a branch office of Boan Company A with the effect that: (a) on October 1, 2004, the Plaintiff supplied Defendant B with 1,300 copies of the newspaper issued by the Plaintiff each month during the contract period between Defendant B and Defendant B for five years; and (b) the Defendant B entrusted the management of sales, delivery, etc. for 45 percent of the monthly subscription fee to the Plaintiff with the newspaper price; (c) Defendant C, who was the husband of Defendant B and the presiding office of Boan branch office, was liable for damages due to the intention and negligence in the operation of the above contract against Defendant B; and (d) Defendant C supplied Defendant B with 1,300 copies of the newspaper issued by the Plaintiff to Defendant B until 207.

Therefore, the defendants are jointly and severally liable to the plaintiff from the outstanding amount of the above newspaper price.