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(영문) 부산지방법원 동부지원 2018.04.24 2016가단15619

매매대금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall be 28,173,225 won and the year from October 1, 2012 to September 20, 2017.

Reasons

1. Facts of recognition;

A. On April 22, 2010, the Plaintiff entered into a contract with the Defendant A Co., Ltd. (former trade name: C Co., Ltd.; hereinafter “Defendant A”) engaging in trucking transport business, which is a corporation selling and manufacturing oil.

At the time, Defendant A, the representative of Defendant A, guaranteed the obligation to pay oil prices to the Plaintiff by Defendant A.

B. The Plaintiff supplied oil to Defendant A’s truck from April 2010 to April 201.

C. On February 17, 2011, the Defendants: (a) did not pay 28,802,905 oil payment to the Plaintiff; (b) written a written statement (Evidence A2) stating that the Defendant would pay the amount in four installments by June 15, 201.

On August 28, 2012, Defendant B drafted a letter of intent to pay 29,073,225 won of the oil price in arrears by Defendant A to the Plaintiff in 14 installments from September 30, 2012 to October 31, 2013 (Evidence A 3; hereinafter “each letter of this case”).

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, 8, and Gap evidence Nos. 3 (In default, defendant B did not have any legal meaning in the payment angle and forced the plaintiff to prepare a payment angle by explaining that the signature of defendant A or D is expected to be received together, but there is no evidence to acknowledge it, the claim of defendant B related to the payment angle is without merit)'s each statement, the whole purport of pleadings, and the purport of the whole pleadings.

2. Determination

A. According to the above facts as to the cause of the claim, it is reasonable to view that Defendant A had remaining KRW 29,073,225 of the oil price to be paid to the Plaintiff at the time of August 28, 2012, which was the date of the preparation of each of the instant notes. As such, Defendant A, as a principal debtor, was jointly and severally liable to the Plaintiff for 29,073,225 won (= KRW 900,000, Nov. 30, 200, when the Plaintiff was jointly and severally liable for 22, 2014) and the remainder after deducting the amount of oil price to be paid to the Plaintiff at KRW 28,173,25,250, Feb. 12, 2015.