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(영문) 서울동부지방법원 2015.08.13 2014가합12209
물품대금 등
Text

1. As to Defendant Limited Partnership Company A and B’s joint and several KRW 200,000 and KRW 5,000,000 among them, Defendant Limited Partnership Company A and B shall be jointly and severally applied to the Plaintiff.

Reasons

1. Facts of recognition;

A. From March 2008, the Plaintiff engaged in the business of constructing reinforced retaining walls from around March 2008, supplied materials, such as reinforced retaining walls and block, to Defendant limited partnership companies (hereinafter “Defendant companies”). On August 24, 2012, the Plaintiff completed a written confirmation of claim amount, stating that “The unpaid balance as of August 24, 2012 is KRW 208,324,376,” and the “written confirmation of claim amount” and the “written confirmation of claim amount to be paid KRW 500,000,000 per month for the attempted amount confirmed as of August 24, 2012, from Defendant B, who is the actual operator of the Defendant company, obtained the maximum debt amount of KRW 7529,000,000 per month from the Defendant Company as to the registration of creation of a mortgage on forest and fields owned by the Defendant Company.”

B. On October 5, 2012, a notarial deed of a monetary loan agreement (Evidence A; hereinafter “instant notarial deed”) with the purport that “the Defendant Company shall pay KRW 200 million to the Plaintiff in installments from October 2012 to January 15, 2016, but shall lose the benefit of time if the Defendant Company fails at least three times,” and at the time, the Defendant Company guaranteed the Defendant Company’s debt to the Plaintiff.

C. Meanwhile, on June 5, 2013, Defendant C, a general partner of the Defendant Company, changed its liability to a limited partner, completed its registration on the same day. Defendant D, a limited partner of the Defendant Company, changed its liability to a general partner on June 5, 2013, and completed its registration on the same day.

[Evidence] Facts without dispute, Gap evidence Nos. 4, 6, 9, 11, and the purport of the whole pleadings

2. Determination as to each claim against Defendant Company and B

A. According to the above facts of recognition as to the cause of the claim, at the time of the preparation of the Notarial Deed, an agreement was reached between the Plaintiff and the Defendant on installment payments of KRW 200 million for the material price obligations. The Defendant Company has fulfilled its obligation to make installment payments not less than three times.

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