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(영문) 대구지방법원서부지원 2015.03.19 2014가합3246
물품대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 246,685,964 and as a result, from October 22, 2014 to March 19, 2015.

Reasons

1. Facts recognized;

A. The status of the parties is a company aimed at manufacturing and selling non-ferrous metal. The development of the Defendant Ilsung Industrial Development Co., Ltd. (hereinafter “Defendant Ilsung Industrial Development”) is a company aimed at installing steel structures and conducting steel structure construction business, etc., and the Defendant Jaesung Industrial Co., Ltd. (hereinafter “Defendant Jaesung Industrial”) is a company aimed at manufacturing and selling pipes, steel, etc.

B. On March 5, 2014, the Plaintiff entered into a goods supply contract, etc. with Defendant Ilsung Industrial Development (hereinafter “instant goods supply contract”) to supply steel materials to Defendant Ilsung Industrial Development (hereinafter “instant goods supply contract”).

A) The contract term of Article 1 (Quantities/Units) of the detailed terms and conditions of the contract shall be determined within 30 days from the date of the contract to be made, and the contract owner (Defendant Ilsung Industrial Development) shall receive the goods within a maximum of seven days from the date of the completion of the contract to receive the goods after the completion of the contract. The first date of the delivery shall be agreed upon and adjusted according to the circumstances. Article 4 (Conditions for the Payment of Goods) is a condition for cash payment to the contractor’s account; the method of the payment of the goods is 30,000,000 won at the time of the contract to be made; and the remaining goods shall be a condition for the payment in cash as of the end of the following month; provided, however, the down payment is a condition that the down payment is settled from the goods to be paid last. 2. The Defendant Han Hansung Industrial Development (hereinafter referred to as “joint and Several sureties”) is a joint and several surety obligation under the instant contract to supply the goods.

C. The Plaintiff created the instant claim for the price of goods, from March 20, 2014 to April 9, 2014, supplied Defendant Ilsung Industrial Development with steel materials as follows:

Defendant A’s agreement to assume the obligation of Defendant A on June 18, 2014, “Defendant Ilsung Industrial Development” means the Plaintiff.

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