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1. The plaintiff's appeal against the defendant C and the defendant B's appeal are all dismissed.
2. The Plaintiff and Defendant B, among the costs of appeal.
Reasons
1. Basic facts
A. On May 29, 2014, Defendant B and D prepared and delivered to F the president of E Co., Ltd. (hereinafter “E”) a boiler goods payment note (hereinafter “instant goods payment note”) with respect to F’s boiler goods payment claim against F Co., Ltd. (hereinafter “I”) (hereinafter “the instant goods payment claim”), and Defendant B and D signed and affixed their seals on each part of the vow of the instant payment note.
Payment angles of boilers and invoices
A. From January 16 to 17, 2014, F Co., Ltd. supplied 17 E boiler 18kw to the JW’s H underground boiler room located in the YJ located in the YJ (2 days).
(b)The amount of supplied goods shall be 1.65 million won per unit, the sum of 2,805 million won;
(c)the method of payment shall be paid in two installments;
(Provided, That in the event of failure to pay the first price, the second commitment date shall be deemed null and void and shall be deemed not to have been fulfilled). The second commitment date shall be deemed not to have been fulfilled until June 30, 2014, KRW 14 million until July 30, 2014, KRW 14 million until June 30, 2014.
D. The representative director C, B, and D recognize the above facts
(The above three persons are jointly and severally responsible) In addition, from June 30, 2014 to July 30, 2014, the supply price of 28050,000 won is to be paid without framework, and if the supply price is not paid by the above deadline, a civil and criminal punishment is to be imposed.
On May 29, 2014, the Chairperson of HH (B) the resident number (Omission) number (D) of the President of H (D) the Dispute Resolution Committee (Omission) and the resident number (C) number (Omission) number (C) of the President of H (H) the Dispute Resolution Committee (C) and the corporation number (Omission) number (C) of the representative director.
B. F was repaid KRW 9.5 million out of the instant goods-price claim around August 2014 to September 9, 2014.
C. Around October 2015, F transferred the instant goods payment claim and the instant payment note to the Plaintiff. Around the said transfer, F notified the Defendants of the assignment of claims.
【Legal basis for recognition】