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1. The Defendant’s KRW 110,191,155 among the Plaintiff and KRW 103,569,705 among the Plaintiff, shall be KRW 5,404,300 from November 22, 2012.
Reasons
1. Basic facts
A. On December 16, 1997, C, who operated a private company in the trade name of “B,” agreed that C, which operated the private company in the trade name of “D,” was integrated into two types of businesses and agreed to operate C, respectively.
B. The Plaintiff’s trade name for gas production and sale was changed from “EFS Co., Ltd.” to “EFS,” on December 2001. Before the aforementioned integrated agreement, the Plaintiff had the right to claim for the price of goods against E in trading with E before the said integrated agreement. However, on May 29, 198, the Plaintiff, E, and C agreed on the said integrated agreement (hereinafter “instant integrated agreement”).
(1) C shall be jointly and severally liable for 53,366,080 won of E’s debt incurred from transactions between the Plaintiff and E before consolidation.
(2) The basic credit granted by the Plaintiff to C shall be two months from the date of the supply of the goods, and C shall pay the price of the goods in cash to the Plaintiff by the 15th day of the relevant month after the end of the relevant month.
(Article III(1) and (2) 3 The following 400 gas containers borrowed from the Plaintiff by E shall be responsible and managed by C:
(Article 4(1). Item 1 of the name of the Plaintiff (Article 4(1). In the case of the Plaintiff’s request for the return of containers, the Plaintiff must comply with the Plaintiff’s request for the return of containers, where necessary.
Provided, That the plaintiff shall notify C of the above contents two weeks prior to the date of return, and the amount of return shall be determined through mutual consultation.
(Paragraph 3). (c)
C around December 1997, around E, the business establishment integration agreement was made with E, and the Plaintiff was being supplied with gas while operating “B” from Chuncheon City F.
C Around January 31, 2012, around January 31, 2012, the Plaintiff issued a certificate of transaction balance and of container lease (hereinafter “instant certificate”) to the Plaintiff confirming that the obligation to purchase goods arising from a gas supply transaction with the Plaintiff is KRW 108,974,05, and that the gas container was borrowed in total 625.
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