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(영문) 서울동부지방법원 2018.09.20 2017가합111190
물품대금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd., the amount of KRW 442,489,397 and KRW 112,58,762 among them, the amount of KRW 112,58,762 from December 29, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that supplies single-heat styp, etc. for the purpose of synthetic resin manufacturing and selling business. Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in wholesale and retail business of construction materials, and Defendant B is an internal director of the Defendant Company.

B. From April 25, 2012, the Plaintiff supplied the Defendant Company with the styp and so on, and attempted to suspend the transaction as the Defendant Company began to delay the payment due around August 2014.

The defendant company will be liable for joint and several liability to the plaintiff with respect to the money, bill, or check due to the purchase, issuance, acceptance, endorsement, or guarantee of goods to be borne by the plaintiff, the obligation of borrowed money, the obligation to guarantee the third party's obligation, the obligation of indemnity due to the guarantee of the debtor's obligation, and all other obligations, until such full obligation, and the obligation of joint and several liability for interest, expenses, and all other obligations.

C. Around August 2014, Defendant B proposed that the Plaintiff be jointly and severally guaranteed for the Defendant Company’s obligations, and the Plaintiff prepared a trade agreement and an individual contract with the Defendant Company, and had the Defendant B prepare a joint and several surety (hereinafter “instant joint and several surety”).

The joint and several sureties of this case are indicated as follows:

From around that time, the Plaintiff supplied goods to the Defendant Company, and the price for goods that the Plaintiff was not paid by the Defendant Company is currently KRW 112,58,762.

E. Meanwhile, the Defendant Company was supplied with goods from Dongin Industrial Co., Ltd., Macheon (hereinafter collectively referred to as “Sacheon Industrial Co., Ltd.”) and Dongcheon Industrial Co., Ltd. (hereinafter collectively referred to as “Sacheon Industrial Co., Ltd.”). The Defendant Company was 244,192,709 won in relation to Dongin Industrial Co., Ltd., and 77,29,326 won in relation to Seocheon Industrial Co., Ltd. and 8,40

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