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(영문) 서울동부지방법원 2020.05.19 2019가단140973
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a wholesaler of agricultural products with the trade name of D, and Defendant B was supplied with agricultural products from the Plaintiff as an intermediary wholesaler, and Defendant C is the representative director of Defendant B.

B. By June 12, 2019, the Plaintiff urged the repayment of the Defendant’s attempted money of KRW 157,279,500, and the Plaintiff and Defendant B Co., Ltd drafted a written confirmation as follows (hereinafter “instant written confirmation”). Around July 2019, the Plaintiff and Defendant B Co., Ltd drafted the following written confirmation (hereinafter “instant confirmation”).

Defendant B Co., Ltd., instead of paying the price of goods to the Plaintiff, set up a pledge on the right to collateral security, the amount of which is KRW 124,80,00,00, out of the amount of claims on the land in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, the E, F land, and ASEAN-si G land.

C. On July 9, 2019, the Plaintiff registered the establishment of a pledge right to collateral security with the amount of credit KRW 124,800,000 for the said real estate.

[Reasons for Recognition] Class A 1, 3, 8, 9, and Category B 1 through 3

2. The assertion and judgment

A. As the Plaintiff supplied agricultural products at the request of Defendant B Co., Ltd., Defendant B’s assertion, Defendant B Co., Ltd., paid the unpaid amount of goods and damages for delay. Defendant C, as the representative director of Defendant B Co., Ltd, supplied agricultural products from the Plaintiff without the intent to pay the price of goods, and thus, Defendant B is jointly and severally liable to compensate for damages due to illegal acts with Defendant B

B. According to the facts of the above recognition as to the claim against Defendant B, Defendant B Co., Ltd. is obligated to pay to the Plaintiff the unpaid amount of KRW 157,279,500 and damages for delay.

In this regard, Defendant B corporation asserted that the obligation to pay the unpaid goods was extinguished according to the letter of confirmation of this case, and therefore, according to the statement of No. 1 and No. 2, the Plaintiff’s health unit and No. 1, around July 2019.

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