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(영문) 전주지방법원 2017.01.13 2015가합5391
물품대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 257,903,546 and as a result, from November 16, 2016 to January 13, 2017.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a cooperative established to promote the independent economic activities of its members and to promote the balanced development of the national economy by promoting the sound development of the agricultural chemical sales business in Korea and promoting the promotion of their welfare among cooperatives. 2) The Defendant Limited Company B (hereinafter “Defendant Company”) is a company aimed at pesticide sales business, etc., and the Defendant C is the representative director of the Defendant Company, and is a person who served as the Plaintiff’s president from February 25, 2012 to March 7, 2016.

On the other hand, Defendant D and E operate agricultural chemicals as Dongs of Defendant C in Jung-Eup.

B. On June 21, 2007, the Plaintiff entered into a contract with the Defendant Company for the supply of goods with agricultural chemicals and agricultural materials (hereinafter “instant contract for the supply of goods”).

Defendant C, D, and E are joint and several sureties liable for the payment of goods to the Plaintiff of the Defendant Company (hereinafter “instant guarantee”).

(2) While entering into the instant goods supply contract and the instant guarantee contract with the Defendants, the Plaintiff prepared “transaction agreements and joint and several sureties” and the main contents thereof are as follows.

Article 1 The defendant company, as a member of the plaintiff, will exclusively trade items handled by the plaintiff, such as pesticides and agricultural materials.

Article 3 The plaintiff shall supply a certain amount of transaction to the defendant company on credit at the same time as this contract is executed, and the defendant company shall pay a certain amount of monthly credit higher than that of the plaintiff in good faith

(The relevant pesticide price shall be paid in full by the end of February of the following year): Provided, That in the case of depositors in excess of the monthly revenue rate determined by the Plaintiff and deposit holders in excess of the monthly revenue rate, respectively, the amount of excess payment incentives and the relevant overdue interest rate shall be applied and the Plaintiff shall set up

Article 6 (Duties of Financial Guarantee and Joint and Several sureties)

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