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(영문) 서울중앙지방법원 2019.10.30 2019가합556824
물품대금
Text

1. As to KRW 163,378,150 and KRW 161,306,20 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from June 8, 2019 to October 30, 2019.

Reasons

The judgment on the cause of the claim is examined. The Plaintiff, a stock company, entered into a contract with C (hereinafter “C”) from November 2, 2017 to June 14, 2018 for the sale of goods (hereinafter “instant goods sales contract”) and delivered all of its goods to C, and C did not pay KRW 216,306,200 out of the obligations under the instant goods sales contract until February 20, 2019. The Defendant guaranteed to pay the Plaintiff the price for the goods under the instant goods sales contract by March 29, 2019 is not in dispute between the parties, or can be acknowledged by comprehensively taking into account the overall purport of the pleadings in each of subparagraphs 1 and 2.

Meanwhile, the Plaintiff received KRW 17,00,000,000 from C on May 16, 2019 (hereinafter “the first payment”) and KRW 38,00,000 on June 7, 2019 (hereinafter “the second payment”), among the price for the goods under the instant goods sales contract, from each of the said payments was appropriated to the principal out of the price for the goods under the instant goods sales contract.

Therefore, as the guarantor of the obligation under the instant goods sales contract, the Defendant is liable to the Plaintiff for the payment of KRW 161,30,20 (i.e., KRW 216,306,200 - KRW 17,000 - KRW 38,000,000), and the unpaid amount of KRW 216,306,200 prior to the payment of the first payment (as for the unpaid amount, KRW 216,306,200) as the principal of the obligation under the instant goods sales contract, and the payment order of KRW 1,351,172,00 from April 9, 2019 to May 16, 2019 (i.e., the Busan District Court Branch Decision 2019,351,172,206,200 x 636,000,000,000).

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