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1. Defendant D’s KRW 34,00,000 and, with respect thereto, KRW 5% per annum from September 21, 2019 to July 2, 2020, and the following.
Reasons
1. The gist of the Plaintiff’s assertion is a company with the purpose of wholesale and retail business, such as electronic parts, which is run by the Incheon High Court in China, and Defendant D is a person who runs the F&D corporation located in China, and actually dies by Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).
E Limited Corporation supplied goods, such as electronic parts of KRW 52,627,139, to F Limited Corporation from May 2019 to September 2019, and F Limited Corporation failed to pay the goods to the Plaintiff.
Defendant D agreed to the Plaintiff on September 16, 2019, and Defendant D agreed to pay 52,627,139 won of the above goods, but if Defendant D is unable to perform this, the Defendant Company paid 5 million won of the above goods until October 31, 2019.
However, Defendant D did not pay the Plaintiff KRW 52,627,139 by September 20, 2019. As such, Defendant D is obligated to pay the Plaintiff KRW 52,627,139 and damages for delay thereof. Defendant D is jointly and severally liable with Defendant D to pay the Plaintiff KRW 5 million and damages for delay thereof.
2. Determination
A. In full view of the purport of the entire pleadings in the statement of evidence No. 1 regarding the claim against Defendant D, Defendant D would pay to the Plaintiff KRW 34,000,000,000 to the Plaintiff by September 20, 2019.
In the event of the failure to comply with the above commitments, the individual (Defendant D) assumes a civil and criminal responsibility.
In light of the fact that Defendant D prepared a payment guarantee letter and the fact that Defendant D did not pay KRW 34,00,000 to the Plaintiff until September 20, 2019, Defendant D prescribed the Special Act on the Promotion of Legal Proceedings, etc. from September 21, 2019, which is the date following the date of the said payment guarantee, to the extent that Defendant D does not dispute on the existence and scope of the said performance obligation, from September 21, 2019 to July 2, 2020, which is the date of the said judgment, the existence and scope of the performance obligation.