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(영문) 대전지방법원천안지원 2020.07.09 2019가단2823
손해배상 등
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 75,00,000 and Defendant B with respect thereto from March 7, 2020, and Defendant C with respect to the said amount.

Reasons

1. Facts of recognition;

(a) registered its business with the Chungcheong-nam Branch (branch) or the same name of the EF, an incorporated association;

Around December 30, 2015, Defendant B, the representative of the Plaintiff, entered into a contract with the Plaintiff to commission all of the scrap metal (including the scrap metal) generated while running a recycling business from December 30, 2015 to December 30, 2018 (hereinafter “instant contract”) and agreed to receive KRW 75,000,000 from the Plaintiff to return the said deposit to the Plaintiff within 15 days after the termination of the contract, and Defendant C, who was working as the secretary general of the secretariat of the above E, provided joint and several liability obligations under the instant contract against the Plaintiff on the same day.

B. The Plaintiff paid KRW 75,00,000 to Defendant B in accordance with the instant agreement, but Defendant B failed to entrust the Plaintiff with the disposal of the scrap iron thereafter.

C. Accordingly, around April 19, 2018, Defendant B agreed to perform the Plaintiff’s obligation to return the deposit, etc. under the instant contract by August 20, 2018 (hereinafter “instant agreement”), and Defendant D guaranteed Defendant B’s said obligation on the same day.

[Ground for Recognition] Defendant B: Defendant C: The fact that there is no dispute over whether a confession is made; entries in Gap evidence 1, 2, Eul evidence 1; the purport of the whole pleadings; Defendant D: Each entry in evidence 1 to 3; and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant B is obligated to pay jointly and severally to the Plaintiff the amount of KRW 75,000,000, and the amount of KRW 75,000,00 pursuant to the contract and agreement of this case, and jointly and severally, Defendant B, the day following the delivery date of a copy of the complaint of this case, from March 7, 2020; Defendant C, from June 5, 2019 to the day of full payment; and Defendant D, from July 20, 2019 to the day of full payment, 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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