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(영문) 대전지방법원 2017.08.17 2017가합100196 (1)
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff for KRW 357,175,50 and Defendant Gold Bank Co., Ltd. on September 2016.

Reasons

Facts of recognition

On August 29, 2016, the Plaintiff entered into a contract on the performance of the supply and sale of public water stuffs (hereinafter “instant implementation contract”) with Defendant Western Ocean Co., Ltd. (hereinafter “Defendant Western Sea”) and the Plaintiff to supply the public water stuffs to Defendant Seo Seo Sea and pay the price for goods supplied by the Defendant Seo Sea only by the 15th day including the working day.

On August 29, 2016, Defendant Han Han-gu General Finance (hereinafter “Defendant Geum-ho Finance”) concluded a guarantee insurance contract with Defendant Seo-gu, “from August 29, 2016 to December 28, 2016, and KRW 500 million,” and on the same day, the Plaintiff agreed to guarantee the payment of the Plaintiff’s debt owed to Defendant Seo-gu, which occurred during the guarantee insurance period to the extent of KRW 500 million (hereinafter “instant guarantee contract”).

After receiving the instant payment guarantee and the certificate of guarantee insurance agreement, the Plaintiff supplied Defendant Western only for four times as follows.

On August 30, 2016, the supply value of the unit price of the date product (won) was 600km 23,300 g 13,980,000 g 25,300 g 25,300 g 360,360,950 g 24,300 g 47,385,000 g 3,840 g 25,000 g 25,000 g 96,000,000 g 3,840 g 96,000 g 96,000 g 25,000 g 25,300 g 25,700,500 g 5,500 g 2016, the Plaintiff rejected the Plaintiff’s payment guarantee letter on September 2, 2016.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 8, and the facts of recognition as to the purport of the whole pleadings, barring special circumstances.

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