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(영문) 울산지방법원 2019.04.24 2018가합20169
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: 4,731,496,616

B. Defendant C is jointly and severally with Defendant C.

Reasons

(1) On October 20, 2016, the Plaintiff entered into a contract for the supply of goods with the Defendant Company (hereinafter “instant supply contract”) and drafted a written contract. Of these, the details pertaining to the instant case are as follows: (a) Article 2 (Acceptance of Goods) promises to “B” (Defendant Company) to facilitate the supply of product lists and products; and (b) the unit price for the supply of goods is to comply with the provisions of “A” (unit price for the supply of goods).

1. “A” provides “B” with a total product unit price of KRW 5,500,000,000 ($00,000)

2. “B” promises to pay 20,000,000 won per month for total product unit price of KRW 5,500,000 ($00,000) to “A” in installments in 25 (20,000) months.

3. “B” means the first settlement date of the amount promised on the 20th day of each month to “A” on December 20, 2016; and the contract expires on December 20, 2018, which was 25 months before December 20, 2018.

4. “B” pays overdue interest to “A” (monthly payment*0.024/30* the number of delayed days) when the settlement price is delayed, as follows:

3) On October 20, 2016, Defendant C stated that the supply price of the instant supply contract is KRW 5,500,000,000 (joint guarantee amount of KRW 550,000,000), but this appears to be erroneous.

On October 24, 2016, 2016, the Plaintiff provided a joint and several surety with a joint and several surety that the Defendant Company will be jointly and severally liable for any civil and criminal liability. On November 15, 2016, KRW 223,896,488, including butterasia, etc., KRW 83,401,546, Nov. 23, 2016, the Plaintiff supplied the following goods to the Defendant Company during the supply period of KRW 207,793, 300, total sum of KRW 5,517,578,5174, Nov. 21, 2017:

The instant additional contract was concluded and executed.

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