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(영문) 창원지방법원 2014.04.16 2013가단7021
물품대금 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion that Defendant B actually operated the Plaintiff supplied industrial materials, such as d (hereinafter “D”) from January 28, 201 to March 2, 2011. From March 2, 2011 to April 6, 2011, Defendant C supplied materials to E Co., Ltd. (hereinafter “E”) for which Defendant C was working as the representative director, and E acquired the price of supplied goods to the Plaintiff.

The Defendants promised to “the Defendant will pay the Plaintiff individually to the Plaintiff” (hereinafter referred to as the “instant obligation”) for the supply of goods to D and E.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 26,000,000 and damages for delay.

B. The judgment of this court 1) Gap evidence Nos. 1 through 7 (including each number), and witness Eul's testimony, the G of the plaintiff's operation was supplied with industrial materials, such as household cryp, etc. from January 28, 2011 to March 2, 2011, and G was supplied with materials such as household cryp, which the defendant C was in office as representative director from March 2, 201 to April 6, 201; Eul was charged with the above price of supplied goods to the plaintiff; Eul was charged with the above price of supplied goods to the plaintiff; the amount of the unpaid amount among the price of supplied goods to the plaintiff Eul was 26,00,000, and the defendants were to request the resolution of the debt of this case to the plaintiff "the debt of this case" (hereinafter "the debt of this case") by the phone around October 28, 201 and November 2011.

(2) The facts can be acknowledged. However, the following circumstances, such as the Plaintiff’s delivery of materials, etc. from the Plaintiff, namely, D or E, the Defendants were not Defendants, and the Defendants are “personally liable for the instant debt.”

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