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(영문) 울산지방법원 2014.12.30 2014가합4305
물품대금 등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 281,653,600 and the Defendant A, Inc. from April 26, 2014.

Reasons

1. Basic facts

A. On January 9, 2013, the Plaintiff, a stock company with the purpose of manufacturing street lamps and industrial lighting equipment, etc. (hereinafter “Defendant A”), entered into a contract on the supply of the goods to Defendant A by the end of the period from January 30, 2013 to January 30, 2014, including 198 projected street lamps and 334 projected 450,527,000 won (unit price of 827,000 x 736,000 won in width, etc. x 334,40,497,000 won in width, etc. x 198, to Defendant A (hereinafter “instant contract”). The goods supplied to Defendant A by the end of the period from January 30, 2013 to January 30, 2014.

B. After the conclusion of the instant goods supply contract, Defendant A supplied goods, such as Aluminum street, etc. from the Plaintiff, but failed to timely pay KRW 311,662,60 of the price of the goods. On April 3, 2014, Defendant A entered into a installment payment agreement with the Plaintiff (hereinafter “instant installment payment agreement”).

- Defendant A bears the obligation of KRW 311,662,60 against the Plaintiff, and the said obligation is to be repaid as follows:

Defendant A shall pay KRW 30,000,000 to the Plaintiff by April 7, 2014.

Defendant A shall pay to the Plaintiff KRW 50,000,000 by April 25, 2014.

Defendant A shall pay KRW 231,662,60 to the Plaintiff by May 26, 2014.

- Defendant A will assume all legal responsibilities at the time of default even once the payment under the instant installment payment arrangement.

C. On April 3, 2014, Defendant B guaranteed Defendant A’s obligation under the instant installment payment agreement. D.

The Defendants paid KRW 30,00,000 to the Plaintiff until April 7, 2014, which was the first due date pursuant to the instant installment payment agreement, but the second installment.

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