beta
(영문) 수원지방법원안양지원 2019.11.27 2019가단100330

물품대금

Text

1. Defendant B and C shall jointly and severally serve as the Plaintiff KRW 73,821,635 and its related amount from March 3, 2017 to January 14, 2019.

Reasons

1. Basic facts

A. The Plaintiff is engaged in the business of manufacturing electric cables and communications cables in the militaryposi, and the Defendant Company is engaged in the business of selling materials such as electric wires in Daegu.

B. Around 2005, the Plaintiff and Defendant Company concluded a basic supply transaction agreement with the Defendant Company to continuously sell electric materials, etc. produced by the Plaintiff to the Defendant Company.

(hereinafter “instant sales contract”). On the other hand, the main contents of the instant sales contract are as follows, and the joint and several surety column in the instant sales contract is a blank.

Article 1 (Terms of Contracts)

1. The Plaintiff sells to the Defendant the products produced and sold by the Plaintiff (hereinafter “products”) in accordance with the terms and conditions of this contract and the incidental contract under this contract (hereinafter “individual contract”), and the Defendant pays the product price to the Plaintiff.

2. Specific name, standard size, quantity, payment period, price, appearance, and all other conditions of the goods that the Plaintiff sold to the Defendant shall be determined by mutual consultation between the Plaintiff and the Defendant at the time of concluding an individual contract.

Article 4 (Settlement of Payments)

1. The price of goods shall, in principle, be paid in cash at the time of the delivery of goods, but in the event that the plaintiff recognizes, the payment may be made in a note with a per unit of the due date set by the plaintiff as of the date of delivery of goods

Article 9 (Term of Contract)

1. The term of validity of this contract shall be one year from the date of the contract, and shall be automatically extended every one year unless either party has expressed to the other party a written wish of cancellation one month before the contract is terminated.

2.With respect to any individual contract in force upon termination of this contract, this contract shall be deemed effective for the duration of the individual contract in question.

Article 10 (Joint Surety)

1. Upon request of the plaintiff, the defendant shall provide a guarantor to provide a joint and several surety for the defendant's debt.

4. The joint and several sureties is against the plaintiff.