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(영문) 서울동부지방법원 2020.11.24 2020가단8129
물품대금
Text

1. The Defendants jointly and severally share 10,972,70 won with the Plaintiff Company A and 154,846,100 won with the Plaintiff Company B and each of them.

Reasons

1. Basic facts

A. The plaintiffs are companies with the purpose of processing and selling agricultural, livestock, and fishery products. Defendant D is a company with the purpose of wholesale of agricultural, livestock, and fishery products, and Defendant E is an internal director of Defendant D.

나. 원고들은 피고 주식회사 D에 물품을 공급하였는데, 2019. 12.경 기준으로 원고 주식회사 A는 10,972,700원을, 원고 주식회사 B는 154,965,700원 상당의 물품대금을 피고 주식회사 D으로부터 지급받지 못�였다.

C. On December 19, 2019, the Plaintiffs were liable from Defendant E, the representative director of Defendant D Co., Ltd. to the Plaintiffs of Defendant D Co., Ltd.

As stated in paragraph (1), Defendant E was issued a letter of intent that he/she jointly and severally guaranteed his/her debt and that he/she will fully repay his/her debt until February 28, 2020.

[Based on recognition] Gap evidence Nos. 1 and 2 (the defendant Eul alleged that Gap evidence No. 2 should be revoked as being made by duress, but it is not sufficient to recognize that the above statement of performance was made by duress, and there is no other evidence to acknowledge otherwise)'s entries and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the defendants are jointly and severally liable to pay the plaintiff corporation 10,972,700 won for the unpaid goods, and to pay damages for delay calculated at the rate of 12% per annum from May 28, 2020, the day following the delivery date of the copy of the complaint of this case to the day of complete payment, which is the day after the delivery date of the copy of the complaint of this case to the day of complete payment.

3. In conclusion, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.

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