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(영문) 대구지방법원경주지원 2020.02.07 2018가합2820
유체동산인도
Text

1. The Defendant’s KRW 733,885,608 as well as 6% per annum from August 14, 2018 to February 7, 2020 as to the Plaintiff.

Reasons

1. Basic facts

A. If the Plaintiff and the Defendant, from March 2014 to February 2018, set up an order with respect to the Defendant’s Plaintiff and the Plaintiff’s Co., Ltd. (hereinafter “C”) or D (hereinafter “D”) and placed an order with respect to the Plaintiff and C or D, the Plaintiff has made a transaction by paying the amount equivalent to the price of the goods to C or D and then paying a certain amount of money to the Plaintiff from the amount equivalent to the price of the goods (hereinafter “instant transaction”).

Accordingly, from March 14, 2014 to March 27, 2017, C issued a tax invoice equivalent to KRW 2,887,861,768 for the Plaintiff. D issued a tax invoice equivalent to the total amount of KRW 7,916,493,200 for the Plaintiff from June 17, 2015 to January 5, 2018, and the Plaintiff paid the said money to C and D.

C. In addition, from March 17, 2014 to February 28, 2018, the Plaintiff issued a tax invoice in an amount equivalent to KRW 11,147,288,933 in addition to the amount of goods paid to C and D, and the Defendant paid KRW 10,040,650,982 out of the said amount to the Plaintiff.

On December 21, 2017, the Defendant and E prepared a letter of commitment to the Plaintiff that the Plaintiff is liable for the repayment of the sales claims and that E is jointly and severally liable for the payment of the unpaid goods to the Plaintiff. The main contents are as follows:

(hereinafter “Written Statement of Performance”). Defendant E as joint and several sureties

1. The defendant is not liable for the payment of the claims arising from the plaintiff's supply of goods (hereinafter "the sales claims"), and the guarantor is jointly and severally liable with the debtor within the maximum of KRW 1,120,000 (the current claim amount of KRW 850,00,000) for the above sales claims.

2. The defendant secured the above sales claim against the plaintiff.

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