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(영문) 서울중앙지방법원 2021.01.08 2019가합568742

보증채무금

Text

1. As to USD 2,686,974.96 and USD 1,007,708.88, the defendant, on July 6, 2019, to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established pursuant to the laws of the Republic of Korea for the purpose of the business of reproducing, manufacturing, and importing c. (hereinafter “C.”) and C. (hereinafter “C.) is a company established pursuant to the laws of the State of California of the United States of America (hereinafter “U.S.”) and engaged in the clothing import business, and its actual operator is the defendant’s punishment D.

The defendant is the actual operator of E (hereinafter referred to as E) who is engaged in clothing trade business.

B. On April 29, 2019, the Plaintiff entered into a sales contract with C, with the content that the Plaintiff supplies USD 380,572 for women’s clothes to USD 2,443,272 for the currency of the United States (hereinafter “U.S.”), ② KRW 151,68 for women’s clothes to USD 726,141.24 for each of the instant sales contracts (hereinafter “each of the instant sales contracts”). On the same day, the Defendant entered into each of the joint and several sureties contracts with the Plaintiff for the joint and several sureties’s obligations for the payment of goods under each of the instant sales contracts with C (hereinafter “each of the instant joint and several sureties contracts”).

The main contents of each sales contract and joint and several sureties contract are as follows.

The Defendant (hereinafter referred to as the “Defendant of the surety”) of the Plaintiff (hereinafter referred to as the “seller”), C (hereinafter referred to as the “Buyer”), E (hereinafter referred to as the “Surety E”) was concluded under the following conditions confirmed by both parties:

The price and ownership of the goods: The ownership and the risk of loss of all goods to be delivered from the seller to the buyer shall be transferred to the buyer at the time of delivery.

(b) Terms and Conditions of Payment: The buyer shall pay the price for the goods delivered to the seller after inspecting the goods within 60 days from the date of the advance payment or at the warehouse (hereinafter referred to as “sale price”). If the buyer fails to pay the full purchase price to the seller in accordance with Article 2 above, it shall be the buyer’s unilateral default and (i) shall be the buyer’s unilateral default.