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(영문) 광주지방법원순천지원 2020.08.11 2019가단8522
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 137,100,745 as well as the interest rate from May 20, 2020 to the day of full payment.

Reasons

The plaintiff asserted by the parties between the plaintiff and the defendant limited company B (hereinafter "the defendant company") entered into an oil supply contract under the joint and several guarantee of the remaining defendants, and supplied oil to the defendant company in accordance with the above contract. Thus, the defendants are jointly and severally liable to pay the unpaid balance among the proceeds of the above oil supply.

The Plaintiff entered into an agreement with the Defendant Company on the supply of oil to the equipment supplier that the Plaintiff was affiliated with the Defendant Company. The price for oil supplied by the said equipment supplier is only the obligation of the said equipment supplier to pay the price for the oil, and the Defendant Company or the remaining Defendants do not have any obligation to pay the price for the oil. On the other hand, the Defendant Company paid for the oil supplied to the equipment of the Defendant Company.

In full view of the respective statements and arguments set forth in subparagraphs 3 through 12 (including each number), the fact that the Plaintiff entered into an oil supply contract with the Defendant Company on December 20, 2018, including that the Plaintiff supplied oil to the Plaintiff by the end of the following month, and that the Defendant Company supplied the Plaintiff with oil until the end of the following month (hereinafter “instant contract”), Defendant C, and Defendant D jointly and severally guaranteed the Defendant Company’s obligation to pay the Plaintiff. The Plaintiff supplied oil to the equipment attached to the Defendant Company or the Defendant Company from December 3, 2018 to November 5, 2019, and paid part of the unpaid balance to the Plaintiff from September 3, 2019 to November 5, 2019 to November 5, 2019 to the Plaintiff, the fact that the Defendant Company paid part of the remaining amount to the Plaintiff from September 10, 2010 to November 30, 2019; and that the Defendant Company supplied the supplied amount to the Plaintiff as the Plaintiff.

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