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(영문) 의정부지방법원 2016.07.15 2016가단105756
물품대금
Text

1. The Plaintiff:

A. (1) Defendant D Co., Ltd. shall be KRW 46,168,00 and its amount shall be from March 29, 2016 to the date of full payment.

Reasons

1. Following the facts of recognition are: (a) there is no dispute between the Plaintiff and Defendant B, C, and D Co., Ltd. (hereinafter “D”); or (b) it may be recognized by comprehensively taking account of the overall purport of the entries and arguments set forth in subparagraphs A, 2, and 4-1 through 4; and (c) between the Plaintiff, Defendant E, and Defendant F (hereinafter “F”), the Defendants led to confession pursuant to Article 150 of the Civil Procedure Act.

(1) The Plaintiff supplied each fishery product broker, including salted fish, to Defendant D and Defendant F.

(2) Defendant B is the director of Defendant D, and Defendant C is the auditor of Defendant D.

(3) Defendant E is a director of Defendant F.

B. The Plaintiff and Defendant D’s transaction (1) the amount of unpaid goods out of the amount of fishery products supplied to Defendant D in 2014 was KRW 31 million.

(2) Defendant B and C agreed to pay the amount of KRW 31 million payable for the year 2014 to the Plaintiff by September 30, 2015.

(3) The amount of unpaid goods out of the amount of fishery products supplied to Defendant D in 2015 is KRW 15,168,000.

C. The Plaintiff and Defendant F’s transaction (1) the amount of unpaid goods out of the amount of fishery products supplied by the Plaintiff to Defendant F in 2014 is KRW 6 million.

(2) Defendant E, who did not pay to the Plaintiff, agreed to pay 6 million won for the unpaid goods in 2014 to the Plaintiff by May 31, 2015.

2. The assertion and judgment

A. (1) The Plaintiff asserts that the above Defendants jointly and severally are liable to pay the unpaid amount of KRW 46,168,00 and delay damages therefor. (b) The fact that Defendant D, in 2014, agreed to pay the unpaid amount of KRW 31 million for the goods supplied by the Plaintiff, and that Defendant B and C personally agreed to pay KRW 31 million with Defendant D. Thus, the above Defendants are as seen earlier.

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