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(영문) 대구지방법원 2020.07.03 2020가단2516
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 59,262,012 and the interest rate of KRW 12% per annum from December 28, 2019 to the date of full payment.

Reasons

1. The basic facts

1) The Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”)

As between February 1, 2017 and the Agreement on Trade in Agricultural Products (hereinafter “Agreement on Trade in Agricultural Products”)

(2) The agreement of this case contains the following contents. The defendant, the representative director of the non-party company, was written in the above transaction agreement with the non-party company on the same day, entered the defendant's personal information, affixed an obstacle to the non-party company's trade agreement of this case.

- sound - Article 4 (Deposit) - The non-party company must pay to the plaintiff a certain amount as a deposit.

(30 million won) The non-party company under Article 5 (Limit of Overseas Transactions and Guarantee of Security) Paragraph (1) of the Article 5 (Limit of Overseas Transactions and Guarantee of Security) may, in principle, conduct credit transactions only within the limit of the deposit under

However, if the plaintiff deems it necessary, the limit of credit transaction shall be adjusted in consultation with the non-party company in consideration of the financial status, security status, business activity performance, payment performance of outstanding amount, etc.

Limit (30 million won)

B. In accordance with the instant transaction agreement, the Plaintiff supplied the agricultural products to the non-party company by November 2019, and the non-party company did not pay KRW 89,262,012 out of the price of the goods to the Plaintiff.

C. The non-party company paid KRW 30 million to the Plaintiff as a security deposit pursuant to the instant transaction agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of recognition under paragraph (1) above, it is reasonable to view that the defendant, who is a joint contractor of the contract of this case, has jointly and severally guaranteed the obligation to pay the price for the goods to the plaintiff of

Therefore, the defendant jointly and severally with the non-party company 89,262,012 deducts the transaction deposit of KRW 30 million from the transaction deposit to the non-party company 89,262,012, and then the payment order of this case was served on the defendant.

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