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(영문) 서울동부지방법원 2017.11.10 2015가단128814

약정금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 200,000,000 and Defendant B with respect thereto from November 5, 2015, and Defendant C.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”). D Co., Ltd. (hereinafter “Defendant B”), upon being supplied with steel plates, pipes, etc. by the Plaintiff, and manufactured and sold automobile spaculers, the Plaintiff defaulted on April 30, 2014.

In the examination of the witness of this case, Defendant B testified that the Plaintiff lent five bills to a third party, not the sale of D, and that the exchange took place. B At the time of the bankruptcy, Defendant B testified that the loan for the construction of a new factory building as seen in Section 2 of each week was made. B at the time of the bankruptcy, D (or Defendant B) purchased a new factory site of at least KRW 850 million against the Plaintiff (hereinafter “the price for the goods of this case”); Defendant B purchased a new factory site of at least KRW 50 million in loan to the Plaintiff; Defendant B contracted the construction of a new factory building under the name of Masan-si; Defendant B purchased the new factory site of at least KRW 500 million in loan to the Plaintiff; and completed the registration of the establishment of a new factory site of at least KRW 500,000,000 in the future on December 23, 2013; and Defendant B had the maximum debt amount of the above KRW 90,000,000 regarding the construction cost,00,00,000 for the above new building.

2) On the other hand, the court below erred by misapprehending the legal principles as to the claim for the payment of the construction price, thereby exceeding the bounds of the principle of good faith, and thereby exceeding the bounds of the principle of good faith (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006).