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(영문) 서울남부지방법원 2018.09.18 2017가단231090
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 136,00,000 as well as its annual interest from November 19, 2016 to July 11, 2017.

Reasons

1. Determination as to the claim against Defendant B, C, and D

A. The facts of recognition (1) The Plaintiff is a stock company with the purpose of developing and manufacturing electronic devices, and Defendant B (hereinafter “Defendant Company”) is a stock company with the purpose of wholesale and retailing of automobile products.

(B) Defendant C is the actual operator of the Defendant Company, and Defendant D is the representative director in the corporate register as the wife of Defendant C.

(2) On August 1, 2016, the Plaintiff entered into a contract for the supply of goods between the Plaintiff and the Defendant Company (A) for the supply of 136 million won (including value-added tax) with a black box (hereinafter “instant black box”) and 200 million won (hereinafter “instant goods”) between the Defendant Company and the Defendant Company, and entered into a contract for the supply of goods to be paid in cash 45 days after the delivery date (hereinafter “instant goods supply contract”).

(B) On August 2, 2016, Defendant E completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “instant collateral security”) (hereinafter referred to as the “instant collateral security”) that was made by Defendant E as “the maximum amount of claim KRW 200 million,” “debtor Defendant Company,” and “the Plaintiff of the collateral mortgagee,” in order to secure the Defendant Company’s obligation to pay the price for the goods under the instant goods supply contract against the Plaintiff.

(3) The Plaintiff’s supply of the goods and the Defendant Company’s payment of the goods (A) supplied the Defendant Company with 2,00 black boxes in total, 600 units on August 30, 2016, 500 units on August 31, 2016, 30 units on August 31, 2016, 60 units on September 1, 2016, and 400 units on September 2, 2016.

(B) After November 15, 2016, the Plaintiff demanded the Defendant Company to pay KRW 136 million for the instant black boxes supply, but the Defendant Company did not pay this to the Plaintiff.

(4) The Plaintiff’s exercise of the security right (A) and the Plaintiff’s exercise of the right to collateral security of this case on November 30, 2016.

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