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(영문) 창원지방법원 2014.09.17 2014가합710
물품대금등
Text

1. The Defendants jointly and severally against the Plaintiff KRW 84,842,133 and KRW 74,584,110 among them:

A. Defendant B: January 10, 2014

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, 3, 5, 6, 7, 8, Eul evidence Nos. 2-4 through 16, and 19 through 24, and the whole purport of the pleadings:

The plaintiff is a person who is engaged in the scrap metal business, etc. in the name of "E" in Haban-gun D located in Haban-gun, and the defendant B (hereinafter "Defendant B") is a corporation that is engaged in trade business, etc. in F located in Haban-gun, Kim Jong-si, and the defendant C is the representative

B. The conclusion of the supply contract and the joint and several sureties 1) Defendant B engaged in the business of importing and selling end-of-life engines, etc. from Japan, but the Plaintiff entered into a contract with Defendant B to be supplied with the said end-of-life engines (hereinafter “instant supply contract”) around March 2013.

(2) On May 18, 2013, Defendant B entered into a contract on the above supply. The main contents of the contract are as follows: (a) Defendant B imports automobile end engines from Japan and supplies them to the Plaintiff. The Plaintiff shall pay the goods to the Plaintiff in advance. Defendant B shall immediately pay the consumption tax to the Plaintiff. In the event that Defendant B delays the payment of the goods paid in advance by the Plaintiff for at least one week, Defendant C shall pay a penalty of 3% per month to the Plaintiff. (b) Defendant C jointly and severally guaranteed all obligations under the instant supply contract that Defendant B bears to the Plaintiff on May 18, 2013.

C. According to the instant supply contract progress and settlement 1 of August 20, 2013, the Plaintiff paid goods to Defendant B several times from May 2013 to August 2013, 2013. Defendant B supplied the Plaintiff with 31,060km of vehicle closure engines on March 25, 2013, as shown in the attached Table by August 7, 2013. Meanwhile, the Plaintiff and the Defendant.

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