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(영문) 서울동부지방법원 2021.02.23 2020가단11866
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is a corporation that runs wholesale and retail business of agricultural products in Songpa-gu Seoul Metropolitan Government, and the Defendant directly operated agricultural companies D with agricultural products over several times from April 30, 2018 to September 26, 2019, and currently has a claim for the amount of KRW 118,549,000.

As the plaintiff demanded the defendant to pay the price of goods from time to time, the defendant will pay the plaintiff's obligation even if the company defaulted.

At the time of promise, each letter was written, and the intention of repayment was expressed several times.

On May 2020, the Defendant promised the Plaintiff to deposit the full amount of the principal unless the company is changed by the end of May.

B. The defendant's assertion is only an employee of the agricultural corporation D, and the defendant cannot seek the payment of the goods payment obligation of the company to the individual.

2. As to the Plaintiff’s assertion, the evidence Nos. 1 and 2 merely stated on the Plaintiff’s assertion that the Defendant individual, not a agricultural company D, bears the Plaintiff’s obligation to pay goods.

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

According to Gap evidence No. 4, in order to promise the defendant to jointly pay 118,549,000 won to the plaintiff of the agricultural company D as joint guarantor with the joint guarantor, the defendant's joint and several surety will be approved with the defendant's written request for the postponement of payment of goods.

I would like to make efforts to pay the price for 50% if the conclusion is known by the end of May 2020.

“The fact that the date of the amendment was written as of May 31, 2022 can be recognized.”

The request for the postponement of the payment of the above goods shall be made by the company by the end of May 2020, 50% of the price of the goods shall be jointly and severally paid by the defendant, but the payment deadline shall be the same.

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