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(영문) 인천지방법원부천지원 2014.08.29 2013가합4677
물품대금
Text

1. The Defendants: (a) KRW 120,177,200 for each Plaintiff and KRW 6% per annum from January 1, 2012 to June 27, 2013; and (b).

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff, a company engaged in manufacturing and wholesale business such as street light poles, industrial lighting fixtures, solar street lamps, etc., and supplied the Defendant Company with products such as 120,177,200 won to the Defendant Company from June 8, 201 to December 12, 201, upon the request of the Defendant Company A (hereinafter “Defendant Company”) to place an order. (2) The Defendant Company B, as the spouse of the representative director C of the Defendant Company, is a person who actually runs the Defendant Company.

On December 12, 2011, Defendant B confirmed that the amount of goods supplied by the Plaintiff from June 201 to December 2, 2011 and the amount of goods kept in custody under an order issued by the Defendant Company was KRW 156,961,200 in total, and made up a written pledge (Evidence A2; hereinafter “instant pledge”) to the effect that Defendant B, on behalf of the Defendant Company, promised to pay all the amount of goods to the Plaintiff.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 2, 3, 6, 7, 9 (including the number of branches; hereinafter the same shall apply), witness D's testimony, and the purport of the whole pleadings

B. According to the above facts, the defendant company is obligated to pay 120,177,200 won for the goods supplied by the plaintiff to the plaintiff and delay damages therefrom, and the defendant Eul, the actual manager of the defendant company, guaranteed the defendant company's obligation to pay for the above goods by preparing and granting the pledge of this case to the plaintiff. Thus, the defendant company and the defendant company are liable to pay the above amount.

The Plaintiff sought payment of KRW 156,961,200, which is the amount stated in the original written pledge of this case, and reduced the claim amount after deducting the amount of the goods of KRW 36,784,00 from two other goods, such as the SUS, which the Plaintiff sold on December 12, 201, recognized as not supplying to the Defendant company.

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