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(영문) 의정부지방법원고양지원 2016.06.01 2014가합9120

물품대금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 64,67,973 and as a result, from July 1, 2015 to June 1, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in wholesale and retail business, such as scrap iron and rain iron, with the trade name of “D,” and Defendant B (hereinafter “Defendant B”) is a company engaged in the manufacture and sales business of pressure-free steel products, etc., and Defendant C is the representative director of Defendant B.

B. Around 2013, the Plaintiff sold all of the steel scrap generated from Defendant B’s factory to the Plaintiff for one year (the unit price of the steel shall be determined by mutual agreement on a monthly unit). The Plaintiff entered into a contract to sell to the Defendant B with a contract deposit of KRW 50 million. Under the said contract, the Plaintiff paid KRW 50 million to the Defendant as the contract deposit. Under the said contract, the Plaintiff paid KRW 30 million on December 31, 2013 and KRW 50 million on January 1, 2014 as the contract deposit.

C. From the time of the above contract to October 2014, the Plaintiff and the Defendant sold raw materials, such as scrap and co-days, to the Defendant, and the Defendant traded to the Plaintiff the scrap rap generated in the process of manufacturing steel products (referring to the decline, scrap, and scrap generated in the process of manufacturing steel products) pursuant to the said contract.

On September 25, 2014, Defendant C prepared and delivered to the Plaintiff a letter that “Defendant C’s obligation to the Plaintiff is jointly and severally guaranteed.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. From October 10 to October 29, 2013, the Plaintiff: (a) supplied scrap metal equivalent to KRW 64,550,398; and (b) supplied scrap metal equivalent to KRW 805,19,395 in total from January 31, 2014 to October 31, 2014; (c) Defendant B supplied the Plaintiff with steel scrap equivalent to KRW 308,678,948; and (d) paid KRW 366,152,144 in total to the Plaintiff; and (e) Defendant C jointly and severally guaranteed the Defendant’s obligation to the Plaintiff.