logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.09.27 2018가합6216
물품대금 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 627,098,615 won and the period from September 18, 2018 to November 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a goods supply contract (hereinafter “instant goods supply contract”) with Defendant B Co., Ltd. (hereinafter “Defendant B”), and supplied construction materials to Defendant B pursuant to the instant goods supply contract between January 5, 2017 and September 17, 2018.

Meanwhile, according to Article 4(1) of the instant goods supply contract, where the Plaintiff suspends the transaction with Defendant B due to justifiable grounds, Defendant B shall pay to the Plaintiff interest calculated at the rate of 25% per annum from the day following the date of the final delivery.

B. Defendant C and D jointly and severally guaranteed the obligation of Defendant B to the Plaintiff according to the instant goods supply contract.

C. Of the goods price acquired by the Plaintiff by supplying the building materials to Defendant B under the instant goods supply contract, the outstanding amount is KRW 627,098,615.

Defendant B delivered to the Plaintiff four bills of exchange (the sum total of KRW 308,81,294) that the issuer was appointed as Defendant B with respect to the performance of the goods payment obligation.

The issue date, serial number, etc. of the above bill shall be as follows:

The serial number of bills issued on July 30, 2018: (a) the serial number of bills issued on the date of issuance of bills; (b) KRW 51,086,409 on September 30, 2018; (c) KRW 31,71,267,414 on July 30, 2018; and (d) KRW 308,81,294 on August 31, 2018 on August 21, 2018; (c) KRW 83,684,804 on October 8, 2018; (d) KRW 102,772,667 on August 31, 2018; and (e) KRW 308,81,294 on July 30, 2018.

E. On July 31, 2018, the Plaintiff endorsed and transferred the Promissory Notes amounting to KRW 51,086,409, among the Promissory Notes received from Defendant B, to I Co., Ltd., which is the business partner, and thereafter, I Co., Ltd. presented payment of the Promissory Notes, but refused payment on October 1, 2018.

Accordingly, the Plaintiff paid the said KRW 51,086,409 to the I Co., Ltd. on October 2, 2018.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including branch numbers), and the purport of the whole pleadings

2. When the obligor delivers a bill to the obligee with respect to the performance of the existing obligation, the intention of the party is to pay the existing cause obligation.

arrow