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(영문) 서울북부지방법원 2015.09.10 2014가합24826
물품대금
Text

1. Defendants B and D are jointly and severally liable to the Plaintiff for USD 150,000, and as to this, from July 11, 2013 to July 2015.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (former name before the alteration: E; hereinafter “Defendant D”) is a company engaged in clothing trade and export mediation business, and has been processed and supplied by the Plaintiff, a Chinese company.

B. Defendant B is the representative of Defendant D, and Defendant C is an employee working in Defendant D and retired on March 29, 2013.

C. On July 10, 2013, the Defendants drafted a letter of guarantee (hereinafter “instant letter of guarantee”) with the following content to the Plaintiff.

As follows, Defendant D promises to the amount not paid by the Plaintiff due to the garment of clothing:

From November 2012, Defendant D purchased clothing from the Plaintiff and sold them to Emb Tradingcom Co., Ltd., and Defendant D collected the total amount from Emb Tradingcom, but did not pay to the Plaintiff.

Until now, US$ 240,000 is 2,000.

The commitment is to pay the unpaid amount as follows:

1) Not later than July 10, 2013, USD 10,00 was paid 2) No. 20,000 was paid by July 19, 2013; USD 30,000 was paid by July 27, 2013; USD 30,000 was paid by August 16, 2013; USD 30,000 was paid by August 27, 2013; USD 30,000 was paid by August 27, 2013; USD 30,000 was paid by the Plaintiff’s 20,000 was paid by all the 30,00,000 were not paid by September 15, 2013; USD 20,000 was paid by the Plaintiff at any time until September 27, 2013.

2. The parties' assertion

A. The Plaintiff’s assertion shows that around July 10, 2013, Defendant B and Defendant C, the representative of Defendant D, met.

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