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Reasons
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(영문) 창원지방법원 2019.05.16 2018가단115538
물품대금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 18,00,000 and 5% per annum from September 8, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. The plaintiff is a party-related 1) The plaintiff is a manufacturer of gold criminal withdrawn type in the name of "E" in Busan Seo-gu. 2) The defendants are married couple.

Defendant B is registered as a business entity of a mutually indivous manufacture of “G” in Kimhae-si F.

B. A product supply 1) around 2010, the Plaintiff, upon receipt of a request from Defendant C to create a gold-type for producing a processed product for medical use, commenced a transaction with G. (2) The Plaintiff supplied parts necessary for the sedi production to G from March 2013 to October 28, 2016.

C. 1) The Plaintiff was transferred KRW 4 million on October 4, 2016, and KRW 3 million on February 27, 2017 from Defendant B as the price for goods. (2) On September 29, 2017, the Plaintiff drafted a written agreement with Defendant C to pay KRW 18 million, out of the attempted amount during the period, to the Plaintiff by January 31, 2018.

(The agreement under the above agreement is "the agreement of this case"). [Grounds for recognition] The purport of the whole pleadings, Gap evidence Nos. 1, 2, and 3 (including paper numbers), Eul evidence No. 1, and the purport of the whole pleadings.

2. Determination

A. The Plaintiff’s assertion 1) supplied the Defendants with the total amount of KRW 62,891,580 from March 2013 to October 28, 2016 (=52,419,030 + the total amount of KRW 10,472,550 in October 2016 + the amount of KRW 7,00,000 in the amount of KRW 55,891,580 in the amount of unpaid goods (=62,891,580 - 7,000 in the amount of KRW 52,891,580 in the amount of unpaid goods). Since the agreement of this case was concluded on the condition that the Defendants would pay the amount of KRW 50,580 in the amount of unpaid goods to the Defendants, the agreement of this case was null and void, the Defendants’ joint and several 50,580,000 in the amount of unpaid goods.

Defendant C’s No. 4

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