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(영문) 수원지방법원성남지원 2017.11.08 2017가단13068
물품대금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 117,219,405 won and 15% per annum from June 24, 2017 to the full payment date.

Reasons

1. Basic facts

A. The Plaintiff supplied food materials to Defendant A Co., Ltd. (hereinafter “Defendant Company”). On January 9, 2017, when the representative of the Defendant Company changed from Defendant C to Defendant B, the Plaintiff drafted a trade agreement with the Defendants to jointly and severally repay the Defendants’ account amounting to KRW 96,571,713, and KRW 15,000,000, the transaction deposit paid by the Plaintiff, and to continue to trade with the said Defendants.

B. The Plaintiff continued to supply food materials to the Defendants, and on May 8, 2017, the final outstanding amount was KRW 102,219,405, and the transaction with the Defendants was completed.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the outstanding amount of KRW 102,219,405 and KRW 15,00,000 and KRW 117,219,405 as well as damages for delay calculated by the ratio of 15% per annum from June 24, 2017 to the date when the original copy of the instant payment order was served on the Defendants.

As to this, the above transaction agreement is merely drafted by the Plaintiff for pressure to receive repayment from C.

Although the instant lawsuit was asserted to the effect that it was unlawful against the good faith principle, the agreement was written with false representation.

There is no evidence to acknowledge that the instant lawsuit goes against the good faith principle, and such assertion is without merit.

3. In conclusion, all of the Plaintiff’s lawsuits against the Defendants are justified and acceptable.

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