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(영문) 수원지방법원성남지원 2015.06.11 2014가합203393

물품대금

Text

1. Defendant A Co., Ltd, B, C, and D are jointly and severally and severally liable to the Plaintiff for KRW 2,268,617,864 and their related amount from December 18, 2014.

Reasons

1. Basic facts

A. On June 1, 2009, the Plaintiff entered into a consignment agency contract (hereinafter “instant consignment agency contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) under which the Defendant Company entrusted the Plaintiff with the duties of subscription to mobile communications services, the duties of receiving fees, customer management and post-management services, etc., and received fees, incentives, etc. in return (hereinafter “instant consignment agency contract”).

B. At the time of concluding the instant consignment agency contract, Defendant B, the representative director of the Defendant Company, Defendant D, and Defendant B’s spouse, the Defendant C jointly and severally guaranteed the Defendant Company’s obligations arising from the instant consignment agency contract and additional arrangement to the Plaintiff.

(hereinafter referred to as the “joint and several sureties of this case”).

Under the terms of the instant consignment agency contract, the Plaintiff and the Defendant Company have settled over every month claims such as public charges, terminal payments, rent, short-term operation funds, etc. against the Defendant Company, and various fees claims owed by the Defendant Company against the Plaintiff, such as subscription fees, management fees, custody fees, CR fees, and other fees.

On August 7, 2013, when the amount of debt owed by the Plaintiff of the Defendant Company exceeds the scope of collateral provided by the Defendant Company, the Plaintiff concluded an agreement with the Defendant Company to pay part of the total amount of debt (hereinafter “instant obligation agreement”) by paying KRW 500,38,848,000 to the Defendant Company as of August 7, 2013, as of August 7, 2013 (i.e., the amount of debt 2,54,659,219 short-term operation funds of KRW 400,00,00, mid-term operation funds of KRW 125,848,00).

E. The Plaintiff on September 2013.