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(영문) 서울중앙지방법원 2020.10.23 2020나895
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant on October 1, 2008 entered into a newspaper supply contract under which the Plaintiff supplied the Defendant with E newspaper, etc. and the Defendant sold newspapers, etc. to the readers while operating the F branch office (hereinafter “instant newspaper supply contract”), and the co-defendant C of the first instance trial jointly and severally guaranteed the Defendant’s newspaper payment obligation as to the above contract.

B. On March 18, 2019, the Plaintiff sent a text message to the Defendant to the effect that “the need to replace the operator of the F branch because of the issue of unpaid newspapers, etc., so that the F branch may request answers as to whether the F branch may continue to operate the F branch,” and that on March 19, 2019, the Defendant respondeded to the purport that “the issue of unpaid newspapers will be resolved by the Plaintiff.”

C. On March 26, 2019, the Defendant prepared and delivered to the Plaintiff a written statement to the effect that KRW 12,173,110 of the unpaid newspaper price as of February 26, 2019 should be paid in full by April 15, 2019.

On April 9, 2019, the Defendant expressed to the Plaintiff that he would no longer operate the F branch. On April 17, 2019, the Plaintiff sent text messages to the Defendant that “The F branch will not take over the F branch as of April 1, 2019, the transferee of F branch is impossible, and the successor would be confirmed as soon as possible and take over on May 1, 2019.”

E. Under the instant newspaper supply contract, the sum of the outstanding amounts of the newspaper price generated from November 2017 to April 2019 is KRW 21,745,210.

[Reasons for Recognition: Facts without dispute, Gap 1 through 7 evidence (including branch numbers in the case of provisional number), Eul 5 and 6 evidence, the purport of the whole pleadings]

2. The assertion and judgment

A. According to the above facts, since the newspaper supply contract of this case terminated on April 30, 2019, the defendant was jointly and severally with the co-defendant C of the first instance trial to the plaintiff by the end of the above contract, the outstanding amount of the newspaper price 21,745,210 won and its corresponding amount.

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