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(영문) 청주지방법원영동지원 2015.07.22 2012가합750
물품대금 등
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1. The Plaintiff:

A. Defendant A, B, C, D, E, and F are jointly and severally liable for KRW 1,739,140,357 and Defendant D with respect thereto.

Reasons

1. The following facts do not conflict between the parties or may be found as follows: Gap 1 through 9, 11, 13, 17, 18, 20 through 26, 34, 36, 37, 38, 39, 43 through 46, 49, 52, 62, 64, 65, 66, 72, 74, 77, 84, 85, 86, 86, 101, 102, 103, 106 through 109; Eul 3,4, 7, 7, 8, 9, 16, 23, 9, 10, 101 (including serial numbers; hereinafter the same shall apply) as a result of the submission of each order to provide financial transaction information to the witness and the National Bank of Korea as a whole; the testimony of the National Bank of Korea as a result of each court ruling;

(1) On January 8, 2003, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

A) An agency contract between the Plaintiff and the Defendant Company to supply the agricultural machinery, parts, etc. manufactured by the Plaintiff to the Defendant Company and sell them to the general consumers (hereinafter “instant agency contract”).

(B) Defendant B, C, D, E, and F concluded the instant agency contract and jointly and severally guaranteed the performance of the obligation to be borne by the Defendant Company to the Plaintiff under the instant agency contract. (2) The main contents of the instant agency contract are as follows.

Article 2 (Sale)

1. A shall sell agricultural machinery, appliances, and parts (hereinafter referred to as “goods”) supplied by A to B, and in principle sell B to an end-user, but it may be determined by type consignment sale in accordance with the business and sales policies of A;

Provided, That it may be sold directly to an end user by A, or sold to the agricultural cooperative system as prescribed by the government policy.

Article 4 (Settlement of Payments)

1. The settlement method of Eul with respect to the sales proceeds of Gap shall be made in cash, cash per unit, bank notes, promissory notes, and other methods recognized by Gap; and

2. The date of payment between A and B shall be counted from the date of receipt and disbursement of goods between A and B in accordance with separate criteria.

Article 5 (Offset) A, B.

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