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(영문) 수원지방법원안양지원 2015.11.27 2015가단4991
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 35,139,600 won and the Defendants B from July 1, 2014 to May 1, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff A runs an electronic component manufacturing business under the trade name called D from April 1, 2011.

B. On March 1, 2013, Defendant B completed business registration for the manufacture of electronic components, computers, etc., and wholesale and retail trade with the trade name of E, and the actual operator of E is Defendant C.

C. The Plaintiff supplied electronic parts to the company with the trade name F from January 2012, and Defendant C, the actual operator of E, signed both in the form of the transferee of each trade specification list issued each month from January 2012 to June 29, 2013.

Defendant C confirmed that the amount of KRW 37,139,600 for electronic parts supplied by the Plaintiff during the period from January 11, 2013 to June 2013 is unpaid, Defendant C prepared a letter of payment to the effect that it will pay KRW 3,00,000 in installments at the end of each month, signed and sealed it, affixed a name tag attached thereto, and then delivered it to the Plaintiff.

E. On December 37, 2013, the Defendants drafted a payment note with respect to the obligations equivalent to KRW 37,139,600 as follows (hereinafter “each of the instant payments note”).

Of the above amounts, deposited KRW 500,000 on January 30, 2014, KRW 500,000 on February 28, 2014, and KRW 500,000 on March 30, 2014, and promised to make installment payments of KRW 1,000,000 on April 30, 2014, and each monthly payment from April 30, 2014. From May 2014, the sales would have been improved after the improvement of the sales.

The payment date shall be lost at the time of delay and shall be paid in lump sum and shall be civil and criminal liability for the remainder of the original debt at the time of delay.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 (including each number), and the purport of the whole pleadings

2. According to the above facts of determination, the defendants jointly and severally held that the plaintiff was paid out of 37,139,600 won to the money payable for the goods recognized in each of the payment notes of this case.

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