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(영문) 서울남부지방법원 2012.04.10 2011가합19301
손해배상 등
Text

1. The Plaintiff, Defendant A, B, and D jointly and severally, KRW 3,000,000,000, and Defendant C’s respective money with Defendant B.

Reasons

1. Indication of claim;

A. Defendant A and B: (a) around January 2, 2008, the Plaintiff entered into a sales store agreement with Defendant A, a stock company, to receive the price for supplying the goods produced by the Plaintiff, and supplied the goods equivalent to KRW 6,304,919,376 from around that time to October 2009, but did not receive the price.

around October 7, 2009, Defendant B jointly and severally guaranteed the obligation to pay for the goods to the Plaintiff of Defendant A Co., Ltd.

B. Defendant D: around May 2009, Defendant A, a corporation, issued a blank bill and delivered it to the Plaintiff in order to secure the Plaintiff’s obligation to pay goods for the purchase of goods. Defendant D guaranteed the Plaintiff’s obligation to pay for the promissory note upon supplementation of the blank note around the same time.

On October 26, 2011, the Plaintiff presented a payment proposal to Defendant A for each of the above blank notes, including “6,304,919,376 won at par value,” “date of payment, October 10, 201,” “date of issuance, September 10, 201,” “Asan City” at the place of payment and place of payment, and “EM Co., Ltd.,” respectively.

C. Defendant C: (a) Defendant C, in collaboration with Defendant B, forged a written appraisal under the name of the one-day appraisal corporation, which is marked higher than the actual appraisal amount of KRW 753,040,00,00 with respect to each land of Gyeonggi-gun E, F, and G around April 2009, and caused damage equivalent to the price of the goods to the Plaintiff by failing to additionally supply the goods equivalent to KRW 753,040,00 to Defendant A, who believed the false appraisal amount and offered it to the Plaintiff as security, and prevented the Plaintiff from collecting the price.

Therefore, Defendant A, B, and D jointly and severally sought from the Plaintiff KRW 3,000,000,000, and Defendant C and each of the above money to the Plaintiff between Defendant B and each of the Plaintiff.

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