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(영문) 서울중앙지방법원 2018.01.09 2015가단81325

미수금

Text

1. The Plaintiff:

(a) Defendant A and B jointly and severally KRW 45,564,314 and as to the foregoing:

B. Defendant C is the defendant A.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a newspaper supply contract between the Plaintiff and the Defendant A on October 1, 2010, and the Plaintiff supplied the Defendant A with a shipbuilding newspaper, etc., and the Defendant A entered into a newspaper supply contract between the Plaintiff and the Defendant A to sell newspapers, etc. to the readers while operating the Joseon Chosun E branch. The Defendant B and D jointly and severally guaranteed the obligation of the Plaintiff under the above contract.

(2) On November 1, 2010, the Plaintiff supplied Defendant A with a shipbuilding day newspaper, etc. to Defendant A, and Defendant A entered into a newspaper supply contract with Defendant A to sell newspapers, etc. to the Gu reader while operating the F branch of the shipbuilding day. Defendant B and C jointly and severally guaranteed Defendant A’s debt owed to the Plaintiff under the above contract.

(3) The agreement relating to this case in the above newspaper supply contract is as follows.

Defendant A shall pay to the Plaintiff the amount indicated in the Plaintiff’s request for payment in cash or online transfer by no later than the 9th day of each month.

(Article 10(1). When Defendant A delays the payment of the price under Article 10 on more than two consecutive occasions, the Plaintiff shall give a group of warnings to the Defendant A, and may terminate this contract without correction or improvement by the Defendant A.

(Article 17(1)3. (b)

On July 17, 2012, the Plaintiff sent a content-certified mail to the effect that the Plaintiff terminated each newspaper supply contract as of July 2012, 2012 on the grounds that Defendant A, Defendant A, did not pay the newspaper area over several times, and Defendant A did not comply with warning and demand several times.

C. On August 17, 2012, Defendant A written a written confirmation of the existence of the obligation that Defendant A would, as soon as possible, repay the following obligations to the Plaintiff within a prompt time.

The settlement agreement of this case (hereinafter referred to as “instant settlement agreement”).

However, whether the defendants have written the above certificate of existence or not.