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(영문) 서울중앙지방법원 2016.01.29 2013가합560760
물품대금 등
Text

1. Defendant A and Defendant C jointly and severally with the Plaintiff KRW 5,582,974,100, and the aforementioned KRW 5,582,974,100 from September 5, 2013 to September 2014.

Reasons

1. Basic facts

A. On May 9, 2014, the Plaintiff was a company with the status of the Plaintiff, whose business purpose is the manufacture, sales, etc. of booms for vehicles, and on May 9, 2014, the china, Inc., Ltd. (hereinafter “Plaintiffs”) was established by dividing the field of luminous business, such as the manufacture, sale, etc. of car cameras.

B. On November 2012, the Plaintiff entered into a sales contract with the Plaintiff and Defendant A. (hereinafter “Balwalwals”). The Plaintiff is two well-dyings Co., Ltd. (hereinafter “Balwalwals”).

(2) On April 2013, the Plaintiff and the Defendant A Co., Ltd. (hereinafter “A”) agreed to change the other party to the Plaintiff’s total sales contract from two well-dyings to A, as the two well-dyings were unable to pay the Plaintiff the price of the black box due to the low-sale of products. However, the Plaintiff was seeking a new business operator who entered into a total sales contract. (2) The Plaintiff, two well-dyings, and the Defendant A Co., Ltd. (hereinafter “A”) agreed to change the other party to the Plaintiff’s total sales contract from two well-dyings to A.

At the same time, Defendant A decided to take over the tabless that two well-dyings had been supplied by the Plaintiff from the two well-dyings, and at the same time, the Plaintiff agreed to take over the goods price claim against the two well-dyings A from the two well-dyings.

In addition, A intended to take over the unpaid goods payment obligation that two well-dyings at the time bear against the plaintiff.

3) On May 6, 2013, the Plaintiff entered into a sales contract with Defendant A and Defendant A to sell black boxes supplied by the Plaintiff as an agent (hereinafter “instant sales contract”).

(2) Defendant A entered into a contract on April 24, 2013, prior to the conclusion of the contract, and Defendant A began to receive black boxes supplied by the Plaintiff from the two well-dyings. 4) The Plaintiff entered into an agreement between the third party who entered into on April 13, 2013, and the third party who entered into the agreement.

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