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(영문) 서울중앙지방법원 2017.10.27 2017가합532428
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 288,659,501 and the interest rate thereon from April 18, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The status of the parties is a total board that sells software license at the location of Gangnam-gu Seoul 19-ro 22, Gangnam-gu, Seoul. Defendant A (hereinafter “Defendant A”) is an agency that sells software license at the location of Gangnam-gu, Seoul, and Defendant B is the representative of Defendant Company.

B. On October 29, 2012, the Plaintiff and the Defendant Company entered into a contract for the supply of goods (hereinafter “instant contract”), which is the relationship between the sales board and the agency that distributes software licenses, and the Plaintiff supplied goods, and the Defendant entered into a contract for the supply of goods (hereinafter “instant contract”).

Article 7(2) of the instant supply contract provides that “The settlement of the price by the Defendant Company shall, in principle, be made in cash within 60 days from the last day of the month to which the date of issuance of the Plaintiff’s tax invoice belongs: Provided, That when an attempted amount without mutual agreement occurs, the settlement deadline for the remaining bonds and the transaction items generated after the issuance of the invoice shall be reduced to 30 days from

On the other hand, Defendant B guaranteed to the Plaintiff on the same day all the Defendant Company’s obligations arising from the instant supply contract and the incidental obligations derived from the said obligation.

C. The Defendant Company’s failure to pay the price of goods is KRW 611,970,714 in total for the amount of the price of goods supplied by the Plaintiff by April 10, 2017 under the instant supply contract, and among them, the total amount of the price of goods not paid until now is KRW 288,659,501 in total.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the instant supply contract, the Plaintiff: (a) supplied the Defendant Company with the total amount of KRW 611,970,714; (b) jointly and severally guaranteed the Defendant Company’s obligation to pay for the goods under the instant supply contract; and (c) the amount of the goods not paid up to the date was 288,659,501.

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