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(영문) 서울고등법원 2016.08.18 2014나28505
물품대금 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff regarding the defendant who ordered payment below.

Reasons

Basic Facts

The plaintiff is a company aimed at manufacturing and selling paint, etc., and A is a personal entrepreneur who runs a wholesale and retail business after registering his/her business with the trade name "C". The defendant is a spouse of A.

As of May 2, 1993, the Plaintiff entered into a sales agency contract for the continuous sale and supply of Plaintiff’s paint (hereinafter “instant sales agency contract”) or a sales agency contract for the instant sales agency contract with the following contents, and thereafter supplied Plaintiff with paint, etc. from around that time.

Article 4 The method of settlement of the price for the product shall, at the same time as the delivery of the product, be paid in cash and by a check or bank for not more than 90 days ("A"; hereinafter the same shall apply) to A ("Plaintiff"; hereinafter the same shall apply).

Article 5 Section 5 (B) shall be set up for A a full amount of KRW 0,000,000,000,000 for collateral payment for goods.

Article 9 In cases where securities offered by B or B among the transactions in the name of B are not settled at the time of payment date, or even if Party B is requested to pay two or more times by simple transactions, Party A is in his/her shop without being restricted by Party B. In other words, products of Section B purchased from Party A are transferred immediately by Party A and Party B cannot be a interference with the said products collected by Party A, and any balance that the said products are not appropriated for the amount of credit exists.

Section 10. In this Agreement, the surety shall be jointly and severally liable with B for all the obligations arising out of Section 9 or in this Agreement and shall be jointly and severally liable until all the obligations arising out of Section 9 or in this Agreement are fully repaid.

(A) The personal information on the Defendant A, B, and the guarantor of the Plaintiff’s representative director (affixing) (A) and (A) representative A(A) (a guarantor) is illegible.

(A) On the other hand, on May 4, 1993, the Plaintiff was the Government-Si Do, D, and F apartment in E, 107.

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