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(영문) 수원지방법원성남지원 2014.08.28 2013가합12774
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 3, 2009, the Plaintiff (former trade name: Newsung Holdings Co., Ltd.) entered into a contract to supply solar batteries (SW225 poly MJ) for KRW 573,750 per unit (value-added tax separate) to the Plaintiff (former trade name):

B. Accordingly, on September 30, 200, the Plaintiff supplied 1,800 caps equivalent to KRW 1,800 (including value-added tax) on September 30, 200, and 1,722 caps equivalent to KRW 1,86,797,250 (including value-added tax) on October 30, 209, respectively.

C. On February 2, 2010, the Plaintiff received KRW 1,639,67,063 from the cost of fire-fighting for goods, KRW 450,00,000 on September 30, 2010, and KRW 1,639,667,188 on November 30, 201.

On June 9, 2010, the defendant divided and merged the part of the electrical construction business of fire-free, and hereinafter referred to as "the division and merger of this case."

On June 14, 2010, the registration of the division and merger in this case was completed. [The facts that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 and 2, Eul evidence No. 1, and the purport of the whole pleadings.]

2. According to the above facts finding as to the cause of the claim, the fire-fighting costs amounting to KRW 583,155,062 (i.e., KRW 1,136,025,00 won - KRW 1,086,797,250 - KRW 1,639,667,188), and the Defendant is liable to jointly pay the Plaintiff the instant liability to the Plaintiff with respect to the cost of the goods (hereinafter “instant liability”) pursuant to Article 530-9(1) of the Commercial Act, since the Defendant is liable to jointly and severally pay the Plaintiff the instant liability to the Plaintiff, barring any special circumstance, since the Defendant is obligated to pay the Plaintiff KRW 583,15,062 and damages for delay.

3. Judgment on the defendant's assertion

A. The Defendant decided to succeed only to the liability for electrical construction business pursuant to Article 530-9(2) and (3) of the Commercial Act between fire-fighting and split-off contract between the Defendant and the Defendant. The instant liability is related to the solar-powered portion of the instant electrical construction business, and the liability for the portion of the electrical construction business that was divided and merged with the Defendant.

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