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(영문) 서울중앙지방법원 2015.03.26 2014가합52334

선급금반환

Text

1. The plaintiff

A. Defendant A Co., Ltd.: (a) KRW 122,41,760; and (b) from September 13, 2014 to November 5, 2014.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Application of Acts;

(a) Defendant A: Judgment by constructive confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. The part of the dismissal of part of the Plaintiff asserts that the Defendant Company A (hereinafter “Defendant Company”) supplied the subsidiary materials to the Defendant Company A, and the Defendant B bears the joint and several liability with respect to the claim for the purchase price of goods equivalent to the amount of KRW 4,674,816, which was possessed by the supply of the subsidiary materials, and sought payment for the purchase price of the goods. However, there is no evidence to acknowledge that the Defendant B jointly and severally guaranteed the above goods payment obligation of the Defendant Company, and the Plaintiff’s claim for this part against the Defendant B is dismissed in part