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(영문) 서울서부지방법원 2015.11.11 2014가합9380

자재대금 등

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 668,052,366 won and the period from August 16, 2014 to March 11, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the automobile parts manufacturing business, etc., and the Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the automobile parts manufacturing business, etc., and the Defendant B is the actual operator of the Defendant Company.

B. The Plaintiff: (a) between the Defendant Company and the Defendant Company, the Defendant Company supplied materials from the Plaintiff; and (b) supplied them to the Plaintiff; and (c) end of each month, after deducting the material price from the product price at the end of each month; and (b) end the transaction on July 15th of the following month; and (c) end the transaction as of August 2014, the unpaid material price of the Defendant Company is KRW 668,052,366.

(hereinafter referred to as “the price of the instant material”). C.

Meanwhile, on August 1, 2004, Defendant B, along with the Plaintiff on August 1, 2004, transferred KRW 100 million advance payment of processing costs received from the Plaintiff on August 1, 2014 to the Defendant Company, immediately take measures to bring in the Republic of Korea as to the remaining stocks (materials, re-processed goods, and products) kept in the Defendant Company C, without delay, and shall faithfully implement all the requirements of the Plaintiff regarding the movement of inventory.

Since then, the remaining portion of the materials, etc. in China shall be resolved in itself.

(after the settlement of the plaintiff) shall compensate for all damages suffered by the plaintiff in the event of default.

“A letter of performance” has been drawn up and submitted.

[Ground of recognition] Unsatisfy, each entry of Gap 1 through 3 (including paper numbers), witness E's testimony, the purport of the whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally paid to the Plaintiff KRW 668,052,366, and the following day following the due date for the payment of the unpaid material amount (i.e., payment on August 15, 2014), and the due date for the payment of the instant material amount is July 15, 2014, when the transaction was completed (i.e., the due date for the payment of the instant material amount).