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Reasons
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(영문) 대전지방법원 2015.11.20 2015가단19152
물품대금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,55,000 and the Defendant B corporation from October 21, 2014.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the supply of goods by setting the unit price of EPS crowdfunding at KRW 11,500 per square meter and KRW 19,500 per square meter. Defendant C jointly and severally guaranteed the Defendant Company’s obligation to pay the purchase price for the goods. Defendant Company did not pay KRW 30,555,000 out of the purchase price for the goods.

B. The Defendants’ assertion that the Defendant Company did not agree with the Plaintiff as above with the unit price for EPS crowdfunding and EPS domain transactions. The unit price known by the Defendant Company was KRW 10,500 per square meter, and the EPS domain was KRW 17,00 per square meter.

2. Facts of recognition;

A. Between July 11, 2014 and September 11, 2014, the Plaintiff supplied the Defendant Company with EPS crowdfunding and 5,223 square meters of 5,931 square meters of ePS transactions.

B. On August 27, 2014, the Plaintiff and the Defendant Company entered into a supply contract with respect to the goods supplied (hereinafter “instant supply contract”) under which “within three days after the payment date of the goods to the Plaintiff on the 15th day of the month following the month when the goods were supplied,” and Defendant C jointly and severally guaranteed the Plaintiff’s obligation to pay the goods to the Plaintiff on the same day.

C. At the time of entering into the instant goods supply contract, the Plaintiff presented to the Defendant Company the unit price of EPS crowdfunding, along with a written contract, KRW 11,500 per square meter and KRW 19,500 per square meter. However, the Defendant Company did not affix a seal to the specifications.

The price for the goods calculated according to the unit price stated in the statement is KRW 170,05,00 [The price for the goods is KRW 170,05,00 [the price for the goods calculated according to the unit price stated in the statement = (5,931 square meters x 11,500 square meters x 5,223 square meters x 19,500 won]. The Plaintiff itself recognizes the fact that the Plaintiff received the price for the goods from the Defendant Company until October 20, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 and 10, and pleading.

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