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(영문) 부산지방법원동부지원 2017.08.10 2016가단11969
매매대금
Text

1. The Defendant’s KRW 59,144,160 and the Plaintiff’s annual rate of KRW 6% from May 1, 2016 to August 10, 2017, and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation whose purpose is to produce and sell ready-mixeds.

B. On April 21, 2015, the Plaintiff entered into a contract for the supply of ready-mixed with Non-Party B and the construction site “Slsan Nam-gu C building site (hereinafter “instant construction site”)” by setting the required quantity as 6,000 square meters, supply amount as 398,400,000 won, and the contract period as until December 31, 2015 from the contract date.

(hereinafter “instant supply contract”). C.

At the time of the instant supply contract, the Defendant, who was a major shareholder and representative director of B, was jointly and severally liable for the debt of B according to the instant supply contract.

From February 17, 2015 to April 25, 2016, the Plaintiff supplied ready-mixeds totaling KRW 6,137lus, totaling KRW 474,848,990.

E. On January 4, 2016, the Defendant transferred all the shares of the KOB to D, and the same year.

1. 6. The representative director also resigned.

F. The remainder of the supply price as of December 31, 2015 is KRW 134,144,160, which is KRW 50 million on February 3, 2016 and KRW 25 million on March 8, 2016. The remaining supply price as of the end of April 2016 is KRW 120,757,030.

[Reasons for Recognition] Uncontentious Facts, Gap 1 through 5 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant supply contract was concluded with the construction site, ready-mixed size, unit price, quantity of supply, and supply price to supply ready-mixed. The term of the contract until December 31, 2015, which was established at will by the Dispute Settlement BankB, does not have any particular meaning, and the Plaintiff bears a duty to supply the total supply quantity determined according to the needs of the construction site.

The defendant who has jointly and severally guaranteed the debt B of the supply contract of this case shall be deemed to bear the guaranteed liability as a joint and several surety for the total remainder of the supply price of ready-mixed supplied by the plaintiff at the construction site of this case by April 2016.

The plaintiff is a major shareholder and representative director of the LAB and is the defendant's joint guarantor.

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