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(영문) 수원지방법원안산지원 2017.04.12 2016가단54872
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 127,155,984 and the interest rate thereon from June 16, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The following facts can be acknowledged in full view of the statements in Gap evidence Nos. 1 through 5 and the fact inquiry report to the chief of the internal tax office of this court about the whole purport of the pleadings, and there is no counter-proof.

(1) The Plaintiff is a legal entity engaging in the business of manufacturing electronic components. The Defendants, as of December 10, 2013, prepare a trade agreement and submit it to the tax office and thereby are registered as joint exporters of the trade name “C”.

(2) On July 1, 2002, the Plaintiff traded with Defendant A from around July 1, 2002, and the Defendants supplied electronic parts equivalent to KRW 234,783,701, the period from January 2015 to April 2015, which were registered as a joint business entity of Plaintiff C, to the above Category C, and dealt with KRW 17,627,717, out of the price of the goods, against the price of the goods purchased by the Plaintiff.

(3) Thereafter, until November 2015, C paid KRW 90 million to the Plaintiff, and eventually, the final unpaid goods amounting to KRW 127,15,984 ( KRW 234,783,701 - KRW 17,627,717 - KRW 90,000).

B. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff, a creditor of the price for the goods, the remaining amount of KRW 127,15,984, which the joint business entity C bears due to a joint business that constitutes a commercial activity by the joint business entity C, as well as damages for delay.

2. Determination as to Defendant B’s assertion

A. As to this, Defendant B asserted that, upon receiving a request for a loan from Defendant A on November 201, 2013, Defendant B lent funds as security, and accordingly, Defendant B was formally registered as joint business operators of Defendant B around December 2013 by offering collateral, and Defendant A operated Defendant A independently, and Defendant B did not participate in the operation of Defendant B, and thus, Defendant B is not liable to pay the above goods.

B. Therefore, we shall make joint investments.

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