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(영문) 서울서부지방법원 2014.12.05 2014가합1591
물품대금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 83,653,092 as well as to December 5, 2014 as from July 6, 2014.

Reasons

1. Summary of the plaintiff's assertion

A. From October 2011, the primary claim Plaintiff entered into a contract for the supply of a cargo with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and sold the cargo to the Defendant Co., Ltd., but did not receive the total amount of KRW 88,653,092 from the Defendant Co., Ltd.

Therefore, Defendant B, who is a de facto manager of expression of the above company, should jointly and severally pay the Plaintiff the unpaid amount of KRW 88,653,092.

B. Although the Defendants, despite being supplied with a printer by the Plaintiff, did not have the intent and ability to repay the price of the goods, the Defendants conspired to induce the Plaintiff as if they were to pay the price of the goods, and then, the Defendants, who were supplied with a printer from October 201 to receive the price of the goods from the Plaintiff, acquired the total amount of KRW 88,653,092.

Therefore, the Defendants shall jointly and severally pay 88,653,092 won, the amount equivalent to the above goods price, to the Plaintiff as compensation for tort.

2. Determination as to the claim against the defendant company

A. First, as to the primary claim, the Plaintiff entered into a charter term supply contract with the Defendant Company from around October 201 to supplied the Defendant Company at the request of the Defendant Company. At the time of entering into the above supply contract, the Defendant Company agreed to pay the price to the Plaintiff within two weeks from the date of receipt of the charter term. The fact that the amount of the unpaid goods from around October 201 to May 2013 for the Plaintiff of the Defendant Company is the aggregate of KRW 173,019,600, there is no dispute between the parties.

B. Meanwhile, since the Plaintiff agreed to pay the money as stated in the table below to the Defendant Company for the above period, the Defendant Company asserted that the sum of KRW 89,366,508 as stated in the table below should be deducted from the above amount of the unpaid goods, and the Plaintiff and the Defendant Company.

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