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(영문) 서울남부지방법원 2015.07.03 2014가합1523
물품대금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 213,143,184 won;

B. The defendant B is jointly with the defendant corporation A.

Reasons

1. Determination as to the claim against Defendant A and Defendant B

A. Claim No. 1) The Plaintiff against Defendant A is a company that manufactures and sells ice and ice, etc. from December 2005 to Defendant A, a company that manufactures and sells ice and ice, etc. (hereinafter “Defendant Company”).

(2) Around September 1, 2013, the Plaintiff concluded an agency contract and supplied ice and ice products to the Plaintiff. Around September 2013, the Defendant Company provided 329,020,456 won out of the price of the goods, and did not refund 16 freezing equipment equivalent to 4,122,728 won from the Plaintiff without compensation. Meanwhile, under the guarantee insurance contract concluded with the Seoul Guarantee Insurance Company, the Plaintiff received KRW 120,000,000 out of the price of the goods from the said insurance company under the guarantee insurance contract concluded with the Seoul Guarantee Insurance Company, and accordingly, the Defendant Company did not have an obligation to pay 329,020,456 won per annum from the following day to the date of payment of the remainder of the goods and the market price of the freezing equipment (i.e., KRW 320,120,000,0000 from the date of payment to the date of payment of 31,201.

Nevertheless, Defendant B, as if he continued to operate the business, did not pay the price by deceiving the Plaintiff and concluding a contract for the supply of goods on the same day.

As a result, the plaintiff suffered damages equivalent to the price of the goods.

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