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(영문) 광주지방법원 2018.04.12 2017가합53519
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 417,476,00 and Defendant Western Sea Co., Ltd. on September 2017.

Reasons

1. Facts of recognition;

A. On August 10, 2016, the Plaintiff entered into a contract on the supply and sale of public water (hereinafter “instant contract”) with the content that the Plaintiff shall supply the public water storage fishing to Defendant Western only (hereinafter “Defendant Western only”) and the Plaintiff shall pay the price by the 10th day (including the date of supply) from the date on which he was supplied with the public water storage fishing (hereinafter “instant contract”).

B. On August 11, 2016, Defendant Seoul Investment Finance Co., Ltd. (hereinafter “Defendant Seoul Investment Finance Co., Ltd.”) (hereinafter “this case’s payment guarantee contract”) concluded a payment guarantee contract with Defendant Seocho only (hereinafter “this case’s payment guarantee contract”), and the main contents are as follows.

The Plaintiff received the payment guarantee issued by Defendant Seoul Investment Finance in accordance with the instant payment guarantee contract.

The Guarantee Agency: The content of the guaranteed obligation guaranteed by Defendant B (Representative Plaintiff): The guaranteed obligation arising during the Guarantee Period (which may be refused at the time of failure of presentation of documentary evidence and payment): the guarantee period of KRW 500 million: the guarantee period of KRW 100 million from August 11, 2016 to February 10, 2017: the guarantee period of the guaranteed obligation shall be deemed to expire if the guarantee obligation from the Guarantee Agency is not claimed within two months after the Guarantee Period.

C. The Plaintiff directly supplied the public water storage fish produced by the Plaintiff over 12 times in Defendant Western Ocean (the next table Nos. 1, 2, 8 through 10), D, and E to third companies such as C, D, and E supply the public water storage fish produced by the relevant companies (the next table Nos. 3 through 7, 11, and 12; hereinafter “third company supply fish”). Defendant Seo-sea supplied the public water storage fish price of KRW 306,820,000 to the Plaintiff.

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