logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.12.18 2013가합7997
물품대금
Text

1. The counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 81,350,042.

Reasons

1. Determination as to the principal lawsuit

A. On February 15, 2011, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a goods transaction agreement with the Debtor Rehabilitation Obligor Co., Ltd., Ltd. (hereinafter “C”), which is to continuously supply and sell the products manufactured and sold by YAC to Defendant C, and to pay the purchase price within 60 days from the date of the end of each month. Defendant C, the representative director of Defendant C, jointly and severally guaranteed the above goods transaction obligation of Defendant C on the same day.

B) On October 31, 2012, the amount of the purchase price for the goods that had not been supplied to Defendant C by the due date is KRW 81,350,042. C) On July 23, 2014, the Jeonju District Court rendered a decision to commence rehabilitation proceedings for the supply of the goods to the Defendant C. The Plaintiffs were appointed as the manager on September 18, 2014, and taken over the instant lawsuit.

[Grounds for recognition] In light of the above facts, Gap evidence Nos. 1 through 5 and Eul evidence Nos. 1-1-1-2, and the purport of the whole pleadings, barring any special circumstance, the defendants are jointly and severally liable to pay the plaintiffs the price of 81,350,042 won and damages for delay from October 31, 2012 which passed 60 days from the due date to December 31, 2012. Accordingly, the plaintiffs asserted that the defendants agreed to pay the full amount of the price of the goods by November 30, 2012, but they sought damages for delay from December 1, 2012, since there is no evidence to acknowledge such an agreement, this part of the plaintiffs' assertion is without merit.

arrow