(영문) 부산지방법원 2020.08.19 2019가합51181

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(영문) 부산지방법원 2020.08.19 2019가합51181

물품대금

Text

Defendant B and Defendant C jointly and severally share KRW 326,435,00 with respect to the Plaintiff and the Plaintiff from November 28, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the business of manufacturing and selling food and food additives; Defendant B (hereinafter “Defendant Company”) is a company engaged in the business of manufacturing and selling kimchi; Defendant C is the representative director of the Defendant Company; Defendant D is the former denial of Defendant C.

B. On April 26, 2019, the Defendant Company entered into an agreement on the payment of the price of kimchi ingredients, etc. (hereinafter “instant agreement”) with the Plaintiff under the joint and several sureties’s joint and several sureties, while settling the price of kimchi ingredients, etc. unpaid to the Plaintiff by the Defendant Company as KRW 326,435,50, as follows:

The main contents of the instant payment agreement are as follows.

The amount A (Won 326,435,500 won) due date for the payment of the gold KRW 326,435,500 (Won 326,435,500): On January 2019, the debtor confirmed that he/she had the above obligation against the creditor, and confirmed that he/she shall prepare a written statement of payment and faithfully perform the said obligation with the debtor, and the joint and several sureties shall jointly and severally repay the said obligation with the debtor:

1. The above amount shall be payable by the due date, but where the payment is not made by the due date, overdue interest (20% per annum) shall be paid for the unpaid amount from the following day to the date of full payment;

2. Where it is necessary to secure claims from the returning company even before the due date, consent shall be given to provisional seizure of the principal's property.

3. If the payment is not made by the due date, no objection shall be raised against any applicable legal measure of the Company.

C, which is a joint and several sureties Co., Ltd., Ltd. after April 26, 2019.

C. Meanwhile, on March 20, 2019, Defendant C and D filed an application for divorce with the Busan Family Court for divorce on March 20, 2019, and on April 25, 2019, the same court confirmed divorce by agreement.

유사 판례

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