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(영문) 서울동부지방법원 2019.08.21 2018나28411
약정금
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the representative of C Limited Liability Company (C Company; hereinafter “C”) who is a trader of the other company.

The defendant is a representative director of E in-house company and the office director of D, the representative of F, the defendant's wife, who works as the representative.

B. From May 17, 2011 to November 13, 2012, C supplied D and E with an intentional typology equivalent to USD 209,293.99 (hereinafter “U.S. dollars”) in U.S. dollars 153,602.50 among them, the price of goods to be paid to D and E would remain US$ 55,691.49.

C. The Defendant drafted a loan certificate (No. 10, hereinafter “the loan certificate of this case”) stating that USD 55,691.40 shall be paid in full to the Plaintiff by December 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 10, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the fact that the defendant's obligation to pay the agreed amount was acknowledged, the defendant agreed to pay US$ 55,691.40 to the plaintiff as the price for goods, as stated in the loan certificate of this case, unless there are special circumstances.

B. The defendant's argument 1) The defendant asserts that since the party who supplied other days is not the plaintiff but C, the plaintiff cannot claim the price, and the party who received the other date is not the defendant but D and E, so the defendant is not obligated to pay the price. However, as acknowledged earlier, the plaintiff claims the defendant for the payment of the agreed amount pursuant to the loan certificate of this case. Thus, this part of the defendant's argument is without merit. 2) The defendant also made the loan certificate of this case to guarantee the payment of USD 5,579.40, which is about 10% of the price of the goods borne by D and E, to the plaintiff.

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