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(영문) 서울중앙지방법원 2016.05.13 2015가단200539

물품대금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 46,480,000 and Defendant A Co., Ltd. from January 14, 2016.

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement in Gap evidence Nos. 1 to 4.

1) The Plaintiff is the Defendant Company A (hereinafter referred to as the “Defendant Company”) from January 2, 2015 to April 2015.

)에 합계 64,684,000원 상당의 게리쏭 지관 상하세트를 공급하였고, 피고 회사는 위 대금 중 13,200,000원을 원고에게 지급하였다. 2) 피고 회사와 동업관계이던 피고 B는 2015. 10. 1. 원고에게 위 나머지 물품대금 51,480,000원(=64,684,000원-13,200,000원)을 2015. 11.말부터 상환하기로 원고와 약정하였다.

After that, Defendant B paid KRW 5 million to the Plaintiff according to the above agreement.

B. According to the above facts of recognition, Defendant B is jointly and severally agreed with the Plaintiff to pay the price of the goods above. As such, the Defendants jointly and severally are liable to pay the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 14, 2016 to the date following the delivery of the remainder of the goods price of KRW 46,480,00 and the duplicate of the complaint of this case to the Plaintiff.

2. Defendant Company’s assertion and judgment were engaged in the above goods transaction with the Plaintiff while engaging in the business with Defendant B and Nonparty C. However, the quality and payment period of the goods supplied by the Plaintiff was at issue, and the transaction relationship with Skyal, Inc., Ltd., the business partner of the Defendant Company, was liquidated. Accordingly, the Defendant Company asserted that the Plaintiff’s obligation to the Plaintiff was agreed to be borne by Defendant B and Nonparty C while settling the above business relationship, and thus, the Plaintiff’s claim cannot be complied

There is no evidence to acknowledge the above assertion by the defendant company.

Even if the Defendant Company entered into an agreement with Defendant B and C as alleged above, the Plaintiff did not consent to or approve the content of the agreement.