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(영문) 인천지방법원 2020.04.24 2019가합65817
물품대금
Text

1. The Plaintiff:

A. Defendant B and C shall be jointly and severally 400,000,000 won and the defendant B shall be jointly and severally liable for this.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant Company B (hereinafter “Defendant Company”) concluded a sales agency contract around 2008, and the Defendant C jointly and severally guaranteed the obligation under the above contract, and the Plaintiff supplied construction materials to the Defendant Company from around 2008 to June 30, 2019 under the above contract.

(hereinafter referred to as “first transaction”). (b)

The Plaintiff supplied building materials to Defendant C from around 2008 to May 31, 2019 with the trade name of “E” (hereinafter “second transaction”); and Defendant C did not pay KRW 179,484,155 out of the price of building materials pursuant to the second transaction to the Plaintiff.

C. On September 5, 2017, Defendant D jointly and severally guaranteed all of Defendant C’s obligations related to Defendant C’s second transaction.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, evidence 5-1, 2, and 6, the purport of the whole pleadings

2. Determination as to claims related to the first transaction with Defendant Company and C

A. 1) The parties’ assertion 1) The Plaintiff supplied building materials to the Defendant Company pursuant to the first transaction, but the Defendant Company did not pay 2,847,910,894 out of the price, and the Defendant C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff. The Defendant Company and C jointly and severally liable to pay the Plaintiff KRW 400,00,000 as part of the price above, and delay damages therefor. (2) The Defendant Company and C are jointly and severally liable to pay the Plaintiff the amount unpaid to the Plaintiff. (3) The Defendant Company and C’s obligation to the Plaintiff is KRW 2,288,369,140, and the contract between the Plaintiff and the Defendant Company is valid for one year from the date of the conclusion of the contract between the Plaintiff and the Defendant Company. As such, the joint and several liability liability of

B. There is no dispute between the parties as to the fact that the unpaid construction material price for the first transaction against the plaintiff of the defendant company exceeds 400,000,000 won claimed by the plaintiff, and the defendant C does not have to do so.

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