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(영문) 대구지방법원 2016.10.26 2016가단12196

보증금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 18,50,000 and 5% per annum from June 1, 2014 to April 20, 2016.

Reasons

1. Defendant B is the representative of the C Company, and C Company is located in the Southern-gu D and the third floor of Ulsan-gu, the objectives of which are wholesale and trade, manufacturing, wholesale and retail business, such as electronic parts, LED lighting, advertising materials, and interior materials, etc.

On August 27, 2013, Defendant B (C) and Defendant B (C) concluded a domestic total sales contract (hereinafter “instant contract”) with Defendant B (hereinafter “instant contract”) that the Plaintiff would supply the Plaintiff with the products of LED 3 masters (e.g., light, light, RGB masters, Bar, and clusters) and sell them.

Upon entering into the instant contract, the Plaintiff and the Defendant B (C) agreed to pay the Plaintiff KRW 30,000,000 as the contract deposit to Defendant B (C) and the Defendant B (C) agreed to return the said contract deposit to the Plaintiff over three months after six months from the date of the contract.

On August 28, 2013, the Plaintiff paid the contract deposit of KRW 30,000,000 to Defendant B (C).

Defendant B established the Defendant Company A (hereinafter “Defendant Company”) on September 2, 2013, and the representative director of the Defendant Company is Defendant B. The Defendant Company’s intended business is the manufacturing and wholesale business of electronic equipment, electronic parts, power source supply equipment, advertisement, interior materials, outdoor signboard installation and manufacturing business, electronic equipment and electronic parts trade business, and the location of the said company is Ulsan-gu D and 3 floors.

From August 26, 2013 to October 19, 2013, the Plaintiff was supplied with goods equivalent to KRW 17,786,295 in total from Defendant B (C). From October 26, 2013 to May 2, 2014, the Plaintiff was supplied with goods equivalent to KRW 45,305,60 from Defendant Company.

The Defendant Company paid the Plaintiff KRW 10,000,000 on March 13, 2014.

On March 31, 2014, the Plaintiff and Defendant B have the obligation to return KRW 21,00,000,000 to Defendant B’s Plaintiff. Of them, KRW 10,000,000 among them, the Plaintiff and Defendant B paid KRW 11,00,000 until May 31, 2014.