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(영문) 서울중앙지방법원 2017.10.18 2016가단139795
용역대금
Text

1. The Defendant shall pay to the Plaintiff KRW 98,60,000 per annum and 15% per annum from October 8, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs advertising design and printing business under the trade name of “C,” and the Defendant is a representative of D Co., Ltd. (hereinafter “D”).

B. From around 2003, the Plaintiff had been engaged in the transaction of providing services to D by receiving orders such as printing advertising materials from D in the Defendant’s operation. As of November 12, 2012, as of November 12, 2012, the outstanding amount that the Plaintiff was not paid from D exceeded KRW 100 million.

(2) As of November 12, 2012, the outstanding amount claimed by the Plaintiff is KRW 173,687,600 and the outstanding amount claimed by the Defendant is KRW 135,00,000.

On November 13, 2012, the Plaintiff demanded joint and several sureties for the outstanding amount arising between the Plaintiff and D to the Defendant, and the Defendant promised to the Plaintiff that “the Defendant shall be jointly and severally liable with D to pay the following debts between the Plaintiff and D: The following: The Defendant, while holding office as the representative of D, signed a joint and several sureties agreement stating that “The Defendant shall pay a part of the outstanding amount of KRW 100,000,000 among the outstanding amounts incurred.”

(hereinafter “instant joint and several sureties Agreement”). D.

After that, the Plaintiff and D continued to maintain the transactional relationship, and the sales of additional KRW 107,889,100 have occurred from August 31, 2015 after the joint and several guarantee agreement of this case, and D paid KRW 147,694,200 to the Plaintiff.

E. D filed a petition for bankruptcy in September, 2015 due to the aggravation of management conditions, and was declared bankrupt on October 7, 2015 by Seoul Central District Court 2015Hahap127, and the Plaintiff’s bankruptcy claim amounting to KRW 135,00,000 at the time was reported.

F. After D’s bankruptcy, the Defendant paid to the Plaintiff KRW 1,40,000 in total from April 29, 2016 to August 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6 through 9 (including paper numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1 of the parties' assertion is that the defendant as the representative director D is the plaintiff.

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