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(영문) 서울남부지방법원 2017.03.30 2016가합2711
물품대금
Text

1. The Defendant (Appointed Party) and the designated parties jointly and severally serve as the Plaintiff KRW 200,208,601 and their amount from July 7, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of wholesale business of food materials, and the Appointed B Co., Ltd. (hereinafter “Appointed”) is a company with the purpose of manufacturing rice tea, rice tea, etc.

Defendant (Appointed Party, hereinafter referred to as “Defendant”), Appointed Party C, and D are the full-time auditors, full-time representative directors, and current co-representative directors, respectively.

B. On July 1, 2015, the Plaintiff, the designated company, and the designated company C entered into a basic contract for the collaborative company (Evidence A 1).

The main contents are that the plaintiff supplies the goods ordered by the selected company, the selected company pays the price for the goods, and the selected company C is jointly and severally guaranteed all the present and future obligations against the plaintiff of the selected company.

C. From January 1, 2016 to June 17, 2016, the Plaintiff supplied goods according to the order of the selected company.

However, as of June 8, 2016, the designated company delayed the payment of the price and caused the unpaid price to KRW 388,548,104, the Defendant and the appointed company jointly and severally guaranteed the said obligation to the Plaintiff by the designated company on June 8, 2016.

However, as of July 6, 2016, 400,208,601 won of the unpaid goods was increased.

Accordingly, on July 6, 2016, the Plaintiff sent a pre-announcement of termination of the contract and legal measures (Evidence A5) to the Defendant and the designated parties, and urged the payment of the price for the goods, which reaches the Defendant and the designated parties around that time.

E. Since then, the Plaintiff filed an application for a payment order against the Defendant and the designated parties for the payment of the above goods, and the Defendant Company paid KRW 200,000,000 as a partial payment of the goods on September 19, 2016 during the instant lawsuit due to the filing of an objection by the Defendant and the designated parties.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the appointed company.

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