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(영문) 인천지방법원 2016.07.08 2015가단227566
물품대금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 27,657,730 as well as 15% per annum from February 4, 2016.

Reasons

On October 31, 2012, the Plaintiff sold the machinery listed in the separate sheet (hereinafter “instant machinery”) to Defendant B Co., Ltd. (hereinafter “the Defendants, a corporation”) for KRW 100 million, and delivered the instant machinery to the Plaintiff on November 1, 201, the following day, and the goods price was paid five times from the contract date to June 2013. In this case, Defendant E, who actually operated Defendant B, jointly and severally guaranteed the obligation to pay the above goods price to the Plaintiff. Defendant C expressed his/her intent to concurrently accept the above goods price obligation to the Plaintiff on December 31, 2012. The Defendants were jointly and severally liable to seek KRW 72,342,270 on nine occasions from November 1, 201 to December 31, 2014, and the Defendants were jointly and severally liable to pay KRW 270 million to the Plaintiff at the rate of KRW 170 million from the contract date to June 2013.

In regard to this, Defendant C alleged that the Plaintiff did not pay KRW 8 million to the Equipment Sales chain F, and that the said money should be deducted from the price of the goods. However, it is not sufficient to acknowledge only the description of the evidence No. 1, and there is no other evidence to acknowledge it. Accordingly, Defendant C’s assertion is rejected.

Therefore, the plaintiff's claim of this case is reasonable, and all of them are accepted.

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