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(영문) 서울중앙지방법원 2018.11.15 2017가합566407

물품대금

Text

1. The defendant shall pay 380,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On August 1, 2008, the Plaintiff entered into a contract for the supply of goods with B (hereinafter “instant contract”) manufactured or handled by the Plaintiff and B (hereinafter “instant contract”).

The defendant agreed to stand a joint and several surety for all debts owed to the plaintiff due to this transaction.

B. The Plaintiff continued to supply goods to B under the instant contract, and on June 30, 2014, the amount of goods that B failed to pay was KRW 1,151,761,125.

(hereinafter referred to as the “instant claim”). C.

Afterwards, the Plaintiff recover some of the above price of goods, and remains in KRW 389,228,493 as of April 2017.

On March 27, 2015, with the collection method of the claim of this case as the automatic bond, the amount of the claim of this case was set as of March 1, 2015, and the purport of setting up a collateral security amount of KRW 400 million with respect to the claim No. 204 of Songpa-gu Seoul, Seoul as of January 10, 2017, which was owned by the Plaintiff from B on December 9, 2016, which was set up as to the claim No. 5,90,590,598 set-off against the vehicle advertising expenses and the obligation of transporting cars borne by the Plaintiff to B, and the amount equal to the amount of the debt of this case, which was set as the maximum debt amount of KRW 50,000 with respect to the claim No. 500,00,00 B repayment on January 10, 2017, the Plaintiff set up a collateral security amount of KRW 400,500,000 in Seoul as to the claim No. 251.

2. According to the above facts of determination, the defendant is jointly and severally liable to the plaintiff 389,228,493 for the amount of goods unpaid to the plaintiff.