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(영문) 의정부지방법원 2016.10.28 2015가합56700
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 150,358,511 and KRW 8,700,000 among them, from September 1, 2015, and KRW 8,700.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established with the business purpose of electric cable manufacturing and sales, and the Defendant Company A (hereinafter “Defendant Company”) is a corporation established with the business purpose of electric wires, cable wholesale and retail, and Defendant B is the representative director of the Defendant Company.

B. On November 6, 2012, the Plaintiff and the Defendant Company: (a) supplied products to the Defendant Company; and (b) concluded a goods supply contract with the Defendant Company to pay the price for the products supplied by the Plaintiff in cash at the end of each month by the 20th of the following month; and (c) the Defendant B guaranteed the Defendant Company’s obligation to pay the price for the goods to the Plaintiff.

C. After that, the Plaintiff supplied the product to the Defendant Company by May 31, 2015, the dispute occurred due to the Plaintiff’s failure to receive all the price of the product, and filed an application for the instant payment order.

On July 28, 2015, a claim group comprised of creditors against the defendant company including the plaintiff and the defendant company agreed to the effect that the assets of the defendant company are KRW 1,490,000,000 ( inventory value of KRW 710,000,000, financial assets of KRW 310,000,000, account sales amount of KRW 470,000, and KRW 470,000). The defendant company paid KRW 1,490,000,000 among the credit amount of KRW 2,544,490,000, the other credit amount of KRW 60,000, out of the credit amount of KRW 2,594,490,00,00 in the case of the plaintiff. However, in the case of the plaintiff, the plaintiff agreed to prepare an additional agreement on the ground that the

E. Accordingly, on July 28, 2015, the Plaintiff and the Defendant Company drafted an additional agreement with the following contents:

(F) The Defendant Company paid KRW 154,641,489, totaling KRW 154,641,489, to the Plaintiff on July 28, 2015, KRW 146,147,788, KRW 5,314,400 on July 30, 2015, and KRW 3,179,701 on July 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 12, the purport of the whole pleadings

2. The parties' assertion

A. The agreement of this case was made by the Defendants to the Plaintiff.

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