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(영문) 서울중앙지방법원 2019.08.23 2018가합505515
매매대금
Text

1. The Plaintiff:

A. Defendant B, C, and D are jointly and severally liable for KRW 1,512,130,980 and KRW 800,000 among them.

Reasons

1. Basic facts

A. The Plaintiff is a company that sells, arranges, and engages in wholesale business of livestock products, and G, the representative director of the Plaintiff, is actually operating.

Defendant B (hereinafter “Defendant B”) is a company engaged in the business of wholesale and retail, processing and distribution, and storage of storage of money, and Defendant D is the representative of Defendant B, and Defendant C operated Defendant B along with Defendant D as its husband.

B. Defendant B received birth money from H in accordance with the livelihood supply contract entered into with H (the representative director, G was actually operated). From August 2013 to November 2015, Defendant B was supplied with money from H.

C. Thereafter, around November 20, 2015, the Plaintiff entered into a contract with Defendant B for the supply of raw data to Defendant B (hereinafter “instant contract for the supply of raw data”). D.

On November 26, 2015, Defendant B entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with Defendant E Co., Ltd. (hereinafter “Defendant E”), whereby “the insured, the insured amount of KRW 160,000,000,000,000 from November 26, 2015 to November 25, 2016, the insurance period of which is 366 days, and the payment guarantee (the name of the prime contract: the payment guarantee (the name of the contract for the delivery of money) for the sales of goods” (hereinafter “the instant guarantee insurance contract”), and the Defendant E received the original copy of the guarantee insurance contract for the instant guarantee insurance contract (hereinafter “instant guarantee insurance contract”).

E. From December 2015 to November 201, 2016, the Plaintiff supplied the birth money to Defendant B and received the payment thereof according to the instant contract for the supply of the said raw money. On November 24, 2016, the balance of the supply price to be paid by Defendant B as of November 24, 2016 is KRW 1,512,130,980 (hereinafter “instant unpaid payment”).

F. Defendant C, on November 22, 2016, guaranteed insurance policy of KRW 190,000,000 (sale of goods) to the Plaintiff by November 25, 2016.

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