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Reasons
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(영문) 서울중앙지방법원 2015.04.28 2014가단146416
신문판매대금등
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1. Defendant (Counterclaim Plaintiff) and Defendant B, jointly and severally, jointly and severally, KRW 23,749,320 against the Plaintiff (Counterclaim Defendant) and the said amount.

Reasons

1. Basic facts

A. (1) On May 201, Defendant A’s agency contract with the Plaintiff for newspaper sale (hereinafter “instant Center contract”) stating that the Plaintiff shall conduct the sale and delivery of the Central Daily, etc. issued by the Plaintiff each month in the jurisdiction of Jinju-si C, and collect and pay the price for newspaper sale to the Plaintiff (hereinafter “instant Center contract”).

A) A) B concluded the instant Center from around that time to June 2014, and operated the instant Center. Defendant A jointly and severally guaranteed the payment of the obligation under the instant Center contract by Defendant A. (2) During the operation of the instant Center, Defendant A is KRW 4,533,030 (hereinafter “instant Center Account Account Account”).

B. (1) Defendant A, around March 2012, with the Plaintiff around March 2012, run the business of selling and delivering the Central Daily, etc., issued by the Plaintiff each month in the jurisdiction of the Republic of Korea, and collect the price of the newspaper sales and pay it to the Plaintiff (hereinafter “instant F Center Agreement”).

(2) Defendant A’s newspaper payment to the Plaintiff during the course of operating the instant F Center from March 2012 to November 2014, the unpaid amount out of the newspaper payment to the Plaintiff is KRW 21,695,940 (hereinafter “the F Center’s account”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including additional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The unpaid amount out of the newspaper price to be paid by Defendant A to the Plaintiff during the operation of the instant Center and the F Center is KRW 26,228,970 (= KRW 4,533,030, KRW 21,695,940). As such, Defendant A’s D Center deposit amount from the aforementioned unpaid amount.

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