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(영문) 창원지방법원통영지원 2014.12.23 2014가단2296
물품대금등
Text

1. Defendant B’s KRW 28.25 million and KRW 7 million among the Plaintiff’s KRW 28.25 million and KRW 3.25 million from December 17, 2013.

Reasons

1. Claim against the defendant B

A. The Plaintiff, as a credit problem, purchased active fish at KRW 500 per mari, to be paid at KRW 500 per mari, the Defendant B, who was unable to purchase active fish under its name. The Plaintiff purchased and delivered defense KRW 1,500 per mari, around December 16, 2013; ② purchased defense KRW 1,100 per mari, around December 20, 2013; ③ purchased defense KRW 1,200 per 7,50 on December 21, 2013; ③ purchased defense KRW 7,500 per 50,000,000 (= KRW 2,50,000,000), and entrusted the purchase of KRW 7,50,000,000 per mari; ② purchased defense KRW 1,200 on December 23, 2013 (= KRW 7,50,000,000).

B. On February 2, 198, the Plaintiff asserted that Defendant C is jointly and severally liable to pay the Plaintiff the sum of the consignment purchase price and the commission, as the Plaintiff agreed to the joint purchaser or the Plaintiff, and that Defendant C is jointly and severally liable for payment of the consignment purchase price and the commission under Article 208(3)2 of the Civil Procedure Act (Provided, That damages for delay shall be recognized from the day following the date of delivering the pertinent defense against each unpaid consignment purchase price and commission).

The following circumstances, namely, Defendant C appears to have been engaged mainly in the transportation business of transporting fishery products by receiving freight from other fishery operators, etc., and Defendant C, upon D’s request, is the primary seller, the above ③ and Defendant C’s statement of transaction concerning defense, etc.

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