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(영문) 서울중앙지방법원 2015.07.10 2014가합539725

물품대금

Text

1. The Defendants jointly share KRW 2,282,51,150 to the Plaintiff and Defendant Co., Ltd. from February 1, 2014.

Reasons

1. Basic facts

A. On April 29, 2013, the Plaintiff entered into a water supply contract with the U.N. Co., Ltd. (hereinafter “Defendant ENE”) and agreed to receive the respective supply price for the audience supplied from the 1st to the 15th day of the following month for the audience supplied from the 15th day of each month, and for the audience supplied from the 16th day of each month to the last day of the following month.

B. On the same day, Defendant U.N. entered into a contract with Defendant Incorporated Incorporated Holdings (hereinafter “Defendant Green Holdings”) to supply the audience supplied by the Plaintiff to Defendant Green Holdings (hereinafter “instant supply contract”). In the event that Defendant Green Holdings are unable to pay the supply price to Defendant Green Holdings, Defendant Green Holdings, as well as the Plaintiff, agreed to be directly liable for the payment thereof.

C. By December 31, 2013, Defendant U.N. supplied audience from the Plaintiff, and again supplied it to Defendant Liber.

The Plaintiff’s supply price as of June 11, 2013 was KRW 593,020,860 out of the Plaintiff’s supply price for CheongNE. The Defendant’s U.N. paid KRW 385,128,200 among them, and KRW 17,280,00 by offsetting the claim against the Plaintiff by transfer of the Defendant’s claim against the Defendant LoNS (= KRW 593,020,860 - KRW 385,128,200 - KRW 17,280,00).

In this context, from June 17, 2013 to December 31, 2013, the Plaintiff’s claim for the supply of clean materials against the Defendant U.N. is a total of KRW 2,282,51,150 as indicated below, if the Plaintiff added the supply price of clean materials to the Defendant U.N.S. to the supply price of clean materials.

In addition, the defendant, who was supplied the audience supplied by the plaintiff to the defendant U.N.S., from the defendant U.S. S., is the defendant.