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(영문) 인천지방법원 2016.10.12 2016가단213809
물품대금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 160,504,036 and the interest rate thereon from April 9, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the sales of plastic raw materials and the wholesale business, and the Defendant Company A (hereinafter “Defendant Company”) is a corporation that runs the business of manufacturing industrial plastic products.

Defendant B is the representative director of the Defendant Company, and Defendant C is the inside director of the Defendant Company.

B. As of February 2016, the Plaintiff supplied the Defendant Company with plastic raw materials, the price for the goods that the Plaintiff was not paid by the Defendant Company (hereinafter “the price for the instant goods”) remains 160,504,036 won.

[Ground for recognition] Unsatisfy

2. According to the facts of the above recognition as to the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 160,504,036, and damages for delay at the rate of 15% per annum, which is the day following the delivery of a copy of the instant complaint, from April 9, 2016 to the day of full payment.

3. Determination as to Defendant B and C

A. The Plaintiff’s assertion that Defendant B and C guaranteed the Defendant Company’s obligation to pay for the instant goods or concurrently assumed the obligation.

Therefore, Defendant B and C are liable to pay the price of the instant goods and damages for delay to each of the Defendant Company and the respective Plaintiff.

B. Determination 1) There is no evidence to acknowledge that Defendant B guaranteed the Defendant Company’s obligation for the purchase price of the instant goods or acquired it concurrently with the Defendant Company. (2) According to each of the evidence evidence Nos. 3, 4, 9, and 10, the Plaintiff and Defendant C’s judgment as to the Defendant C, the maximum debt amount of March 25, 2016 is KRW 200,000,000, and Defendant C’s “Wol, currently, in the future, all of the obligations on bills, loans, transaction obligations, guarantee obligations, and all other obligations owed to the Plaintiff” refers to Article 1 of the “mortgage-mortgage-mortgage-backed mortgage agreement, which is common to the Plaintiff’s obligation on bills, all of which are owed to the Plaintiff in the future,” and refers to the “mortgage-mortgage-backed security agreement, which is owned by Defendant C, 3

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