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(영문) 광주지방법원 2014.06.27 2013가합11661
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found in Gap evidence Nos. 1, 2, 3, 5 through 9 (including branch numbers; hereinafter the same shall apply) and Eul evidence Nos. 1 and 3 by integrating the purpose of the whole pleadings.

On October 7, 2009, the Plaintiff and C Co., Ltd. (hereinafter “Nonindicted Company”) engaged in the manufacture and sale of steel products entered into a contract for supply of goods (hereinafter “instant contract”) with the following contents. The Defendants (the Defendant is the representative director of the Nonparty Company, and Defendant B is Defendant A’s wife) jointly and severally guaranteed the obligations of Nonparty Company under the said contract.

A A and B (the non-party company) shall enter into a contract for the supply of goods (the evidence No. 1 and No. 1) with the Plaintiff (the non-party company) as follows:

(Public Sector: (Public Sector) Article 1 (Contract Goods) A shall sell and supply to B the products required by B in accordance with the terms and conditions of this Agreement, and purchase them.

Article 2 (Prohibition of Substitute Payment) B shall, in principle, pay in cash the price for the goods to be purchased from A.

Article 3 (Entry of Ownership of Goods) The ownership of the goods delivered to B under this Agreement shall be reserved against A until the payment of Section B is made in cash to B, or the settlement of a bill or check paid to A for the goods is completed.

Article 4 (Amount of Delayed Damages) If a person fails to pay the price under Article 2, the interest rate on delay shall be 25%.

Article 8 (Joint and Several Guarantee) Joint and Several suretiess of Section B shall approve the entire provisions of this Agreement and shall be jointly and severally liable for the performance of obligations with Section B.

Article 9 [Period of Contract] This Agreement shall become effective from the date of conclusion of the contract, and shall continue to be valid if there is no notification of cancellation or termination of the contract by A or B.

B. The instant contract contains a special agreement with the following contents (hereinafter referred to as “instant special agreement”) and a “detailed statement of materials for the new construction project in the Dispute Resolution Co., Ltd.” (hereinafter referred to as “instant material statement”).

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