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(영문) 서울고등법원 2015.04.16 2014나2036540
물품대금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a company whose business purpose is construction materials wholesale and retail business, etc., and the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. of the first instance trial (hereinafter “A”) is a company whose business purpose is the production and installation of steel structure. The Defendant is the representative of D, a local corporation Brazil, and the co-defendant C of the first instance trial (hereinafter “C”) is a substantive operator of A.

B. On August 7, 2012, G Company, a Brazil, entered into a subcontract with H Company, a sub-subsidiary of Brazil with respect to the Brazil Einsian Eins Project.

On June 25, 2012, the Plaintiff entered into a contract for the sale of goods (hereinafter “instant contract for the sale of goods”) with a domestic corporation, with the content that the Plaintiff would supply restaurant steel materials, sand position panels, etc. to the cafeteria, to KRW 671,00,000 (including value-added tax). At the time, C signed the contract for the sale of goods (hereinafter “instant contract for the sale of goods”).

The Plaintiff supplied all the goods to A under the instant goods sales contract, but A paid KRW 130,000,000 out of the price of the goods, and did not pay KRW 541,00,000 in the remainder of the price of the goods.

C. On October 29, 2013, when A was unable to pay the price for the goods, a certificate was prepared to pay KRW 541,00,000 for the remainder of the goods in three installments, as shown in the attached Form (Evidence 5, hereinafter “instant certificate”) on October 29, 2013. At the end, a confirmation document was written between D Company B and C as a joint guarantor.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 5, 7, Eul evidence No. 1, and the purport of the whole pleadings

2. The plaintiff asserts that since the defendant agreed to pay the remainder of the goods that A did not pay to the plaintiff in his/her individual qualification jointly with C, the defendant is jointly and severally liable with A and C to pay the remainder of the goods to the plaintiff 541,00,000 won and damages for delay.

As to this, the defendant is the case of this case.

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