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(영문) 청주지방법원충주지원 2019.02.28 2018가단21510
기타(금전)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 23,216,840 won and 5% per annum from May 4, 2018 to February 28, 2019.

Reasons

Facts of recognition

The plaintiff is engaged in the wholesale business, etc. of solid scrap metal products D, and the defendant B is engaged in scrap metal wholesale and retail business, etc. with the trade name of E.

Place: Seller (B) E (B)(B)(B)(B)(B)(B)(B)(B)(B): D(A) above and B enter into a sales contract at the Fsports Center removal site as follows:

Article 1 The seller E promises to deliver scrap metal of KRW 180 million to the buyer D from June 16, 2014 to July 6, 2014.

Article 3 Section A and B after the contract with the other company or individual shall not sell any scrap metal arising at the above site to the other company or individual in any event.

Article VI In principle, advance payment under Section 1 and 2 above shall be offset against scrap metal arising at the above site.

The unit price for scrap metal under Article 8 shall be 305 won, and the price shall be the interlol system according to the fluctuation of market prices.

Attachment:

1. The seal imprint and identification copy of the seller E and the actual manager C shall be attached;

§ 10. All of the above legal disputes or problems arising at the above site shall be liable to A.

On June 16, 2014, the Plaintiff and Defendant C (the contract includes E’s actual business operator) represented by Defendant B entered into a scrap metal sales contract with the following contents as to the removal site of the F Sports Center:

(hereinafter “instant contract”). In accordance with the agreement, the Plaintiff paid KRW 60 million to the account in the name of Defendant B (E) on June 16, 2014, KRW 180 million on June 18, 2014, KRW 100 million on June 19, 2014, and KRW 180 million on June 19, 2014.

A On September 23, 2015, the Plaintiff and Defendant C entered the following details in the specification of transactions prepared by the Plaintiff.

On March 6, 2016, Defendant C prepared a letter of payment agreement to the Plaintiff, including the content of “E (representative B and C) and the content of obligations: KRW 43,216,840, the amount unpaid as of September 2015, and the agreed period: From March 6, 2016 to April 6, 2016.”

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