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(영문) 수원지방법원안산지원 2016.08.18 2014가합25396

물품대금

Text

1.(a)

Defendant A Co., Ltd. shall pay to the Plaintiff KRW 921,177,245 and its amount from December 5, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures, processes, and sells steel, and both the Defendants are companies that engage in the business of manufacturing, processing, and selling steel, and all the Defendants are companies that engage in the business of wholesale and processing, trade, etc. of

B. From around 2010, Defendant A Co., Ltd. (hereinafter “Defendant A”) was supplied with cooling and heating steel from the Plaintiff. At the time of June 30, 2014, the Plaintiff was liable for the payment of the goods amounting to KRW 1,090,537,045 to the Plaintiff as of June 30, 2014. However, around July 2014, Defendant A requested the Plaintiff to pay the obligations by presenting the bond list and the repayment plan to the Plaintiff.

C. Accordingly, on July 17, 2014, the Plaintiff paid KRW 100,000,000 to the Plaintiff by July 31, 2014, as well as KRW 80,000,000 to the Plaintiff, from the inside director D of Defendant A’s representative director C and Defendant B Co., Ltd (hereinafter “Defendant B”)’s representative director D, until July 31, 2014, and Defendant B was issued a letter of its joint and several liability.

Defendant B repaid to the Plaintiff KRW 50,000,000 on August 18, 2014. Defendant A repaid each of the Plaintiff KRW 100,00,000 on July 31, 2014, KRW 3,759,800 on August 14, 2014, and KRW 15,60,00 on September 30, 2014.

[Reasons for Recognition] Facts that do not dispute or do not dispute, Gap evidence Nos. 1, 2, 3, 4, Gap evidence Nos. 5-1 through 5, Gap evidence Nos. 9-1, 9-2, part of Gap evidence Nos. 7, witness E's testimony, and the purport of whole pleadings

2. As to the claim against Defendant A, at the time of June 30, 2014, Defendant A bears the Plaintiff’s obligation to pay for the goods amounting to KRW 1,090,537,045. However, on July 31, 2014, Defendant A paid KRW 100,000,000,759,800 on August 14, 2014; and Defendant A paid KRW 15,60,000 on September 30, 2014; Defendant A paid KRW 50,000,000 as a joint and several surety of Defendant A on August 18, 2014; Defendant A paid KRW 1,07,245,000,000 on unpaid goods (i.e., KRW 1,00,009, KRW 375,005,005,000 on unpaid goods) to the Plaintiff.