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(영문) 서울중앙지방법원 2017.07.11 2016가합26414
물품대금 등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 208,463,072 and Defendant A Co., Ltd. from September 1, 2015.

Reasons

1. Facts of recognition;

A. The parties concerned are companies engaged in the manufacture and sales of storage batteries. Defendant A Co., Ltd. (former trade name: D: hereinafter “Defendant Co., Ltd.”) is companies engaged in the wholesale and retail business of storage batteries.

From June 2, 2009 to June 3, 2012, Defendant B was an internal director of the Defendant Company, and Defendant C was the representative director of the Defendant Company from October 31, 201 to June 3, 2012. At present, Defendant C was the internal director of the Defendant Company.

B. On November 201, 201, the Plaintiff and the Defendant Company concluded an agency agreement for the sales of storage batteries (hereinafter “instant First Agreement”) with the same content as the instant agreement on November 1, 201, setting the date of the payment of the price as the date of the supply of goods. On November 1, 2012, the said agreement was renewed under the same condition.

C. Defendant B: (a) on December 15, 2011; and (b) around December 201, 201, Defendant C jointly and severally guaranteed all the obligations that the Defendant Company owed to the Plaintiff, including the cost of goods to be borne by the Plaintiff;

(hereinafter “instant joint and several sureties Agreement”). D.

On August 31, 2015, the contract for the supply of storage batteries by the Plaintiff and the Defendant Company was terminated by bearing the obligation for the purchase of goods of KRW 1,732,58,522 by the Defendant Company. At present, the payment for the goods that the Defendant Company did not pay is KRW 208,463,072.

【Defendant Company based on Recognition】 Defendant Company: The fact that there is no dispute over Defendant B and C, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 1, 2 and 3, and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally, from September 1, 2015, which was the date following the date on which the transaction was completed, the amount unpaid at KRW 208,463,072, and the transaction amount at KRW 208,463,072, and the date on which the transaction was completed; the Defendant Company up to November 2, 2016, the date on which the copy of the instant complaint was served; the Defendant B up to December 5, 2016, and the Defendant C duplicate of the instant complaint.

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