(영문) 전주지방법원 2015.06.24 2014가단31891

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(영문) 전주지방법원 2015.06.24 2014가단31891

물품대금 등

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1. Defendant Incorporated Incorporated Co., Ltd and Defendant B jointly and severally with the Plaintiff KRW 38,328,710 as well as the aforementioned amount.

Reasons

1. Basic facts

A. On May 1, 2014, the Plaintiff produced meat-processed products, such as swine meat, entered into a trade agreement with an agricultural company A Co., Ltd. (hereinafter “Defendant Company”). The Plaintiff supplied meat-processed products, such as swine meat, as requested by the Defendant Company, and the Defendant Company shall pay the price for the goods to the Plaintiff within seven days after the receipt of the goods (hereinafter “instant agreement”), and the agreement itself entered into an agreement.

B. Article 8 of the instant arrangement provides that “Where one of the plaintiff or defendant companies is found to have a cause attributable to it in violation of this contract, the representative director of the plaintiff or defendant company shall be jointly and severally liable to compensate the other party for damages to the plaintiff or defendant company, and shall sign the contract.” The end of the instant arrangement states “B” as “B” referred to as “B, which refers to the defendant company,” and the letter bears the seal of the defendant company’s corporate seal affixed thereto.

In addition, the term "B's joint and several sureties" under the following subparagraphs is blank.

Since the establishment of April 17, 2012, the Plaintiff used the instant letter of agreement at the time of the transaction of goods. H, who was an employee of the Plaintiff in charge of the conclusion of the instant agreement, did not explain to the Plaintiff the said Article 8 at the time of the instant agreement.

C. According to the instant agreement, the Plaintiff supplied the Defendant Company with goods, such as swine, by August 4, 2014, such as swine, but did not receive goods from the Defendant Company on the basis of the same day is KRW 38,328,710, and is unpaid until the date of closing the pleadings of the instant case.

Defendant B confirmed on August 13, 2014 the outstanding amount to be paid to the Plaintiff (32,328,710 won) by the Plaintiff, and up to 2-3 months.

유사 판례

-전주지방법원 2015.6.24.선고 2014가단31891 판결

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