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1. Defendant D’s KRW 2,630,640,411 as well as 6% per annum from February 21, 2018 to April 19, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in the manufacturing and selling business, and the manufacturing business, etc. of medicinal foods.
Defendant D is the representative director of E Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) who operates the business of manufacturing and selling black boxes, and Defendant C, the husband of Defendant D, is the actual operator of Nonparty Co., Ltd.
B. On December 1, 2013, the Plaintiff and Nonparty Company 1 entered into a contract for the supply of black boxes by Nonparty Company 1) and Nonparty Company 1, the Plaintiff and Nonparty Company called “F Blus and New Products” (hereinafter “Blus”) for the sale of home shopping to the Plaintiff.
(1) A contract for supply of goods (hereinafter referred to as “first contract”) with the content of supplying goods for a period of two years;
(2) On February 17, 2014, the non-party company entered into an additional arrangement with the effect that the non-party company shall supply the plaintiff with 2-year black boxes for sales of off-line agents (hereinafter referred to as “the second contract”), and the entire contract is referred to as “the instant contract.”
(2) G Co., Ltd. (hereinafter “G”) concluded two performance guarantee insurance contracts that guarantee the payment of damages under the instant contract to the Plaintiff of the non-party company between the non-party company and the Plaintiff, the insurance period from December 1, 2013 to November 30, 2015, with the insurance amount of one billion won and five hundred million won.
3) On August 29, 2014, according to the instant contract, Nonparty Company confirmed that it had a total of KRW 7,370,182,694 owed to the Plaintiff, and drafted a performance agreement with the Nonparty Company to pay the said debt in kind according to the black box 5,000 that it supplies the said debt monthly (hereinafter referred to as “instant first agreement”) for convenience.
1) At the time, Defendant D agreed to provide the Plaintiff with a joint and several surety pursuant to Article 1(4) of the above Agreement. 1. The non-party company confirmed the Plaintiff’s obligation to the sales claim (as of August 28, 2014) and the non-sale inventory (as of August 28, 2014) (as of KRW 2,856,710,935 won//or 935 won).
2. The non-party company must pay the above debt.
(b).