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(영문) 인천지방법원 2020.06.19 2019가단677
물품대금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) On July 18, 2018, the Plaintiff is Defendant B (hereinafter “Defendant Company”).

) The Paris Supply Agreement (hereinafter referred to as the “instant Agreement”) shall be

(2) The Plaintiff concluded the Paris price at the market price and agreed upon, and received KRW 300 per Kgg from August 27, 2018 to the place designated by the Defendant Company.

9. up to 19. Around 19.19. the Defendant Company supplied the Defendant Company with an amount of KRW 158,225,00 (unit price of KRW 35,00 x 4,203 households, unit price of KRW 40,000 x 278 households) equivalent to a total of KRW 179,240 km (weight of KRW 40 x 4,481 per one household in Paris x 401) to a place designated by the Defendant Company. As such, service charges amounting to KRW 53,772,00 (weight of KRW 40 x 4,481) were generated.

In addition, from August 29, 2018 to September 20, 2018 upon the request of the Defendants, the Plaintiff spent KRW 31,796,260, such as tools, equipment, etc. for the Defendants’ processing of the Paris.

Defendants from September 8, 2018 to the same year

9. Until 30.30. The Plaintiff processed Paris at the Plaintiff’s factory to bear the costs of electricity, water supply, etc., and the Plaintiff paid a total of KRW 460,040 used by the Defendants during the above period.

3) The Defendants paid the Plaintiff a total of KRW 180,400,000, among which the Defendants paid KRW 30,000,000 paid on July 18, 2018 as the Defendants’ factory rental deposit amount ( KRW 10,00,000) and processing facility expenses ( KRW 20,000). Accordingly, the Defendant Company is a party to the instant contract, and the Defendant Company is jointly and severally liable to pay the Plaintiff the remainder of KRW 93,853,300,00, excluding the sum of KRW 150,40,000 paid by the Defendants as the guarantor of the Defendant Company.

B. Summary of the Defendants’ assertion 1) Defendant C was not a party to the instant contract, but did not guarantee the Defendant Company’s obligations. 2) The amount of would be objective.

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