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(영문) 대전지방법원 2017.12.06 2016가단215421
물품대금
Text

1. The Defendant: (a) KRW 8,671,910 for Plaintiff B and for this, KRW 6% per annum from April 30, 2016 to December 6, 2017; and (b) the following.

Reasons

1. Presumed facts

A. Plaintiff A is a person who engages in the wholesale and retail business of food materials, agricultural products, Plaintiff B is a person who engages in wholesale and retail business of meat with the trade name of “E,” and the Defendant is an internal director of F Co., Ltd. (hereinafter “F Co., Ltd.”).

B. The Plaintiffs: (a) supplied food materials and meat to the company from September 2015 to December 2015; (b) were not paid the price; and (c) on December 24, 2015, issued a written confirmation from the Defendant (hereinafter collectively referred to as “the instant written confirmation”) as follows.

The corporate seal is affixed to the name of G of the representative director of the instant confirmation document, and the defendant's personal signature is affixed to the name of the defendant.

D KRW 10 million out of the outstanding amount 27 million won shall be paid on the date of termination of provisional attachment on January 5, 16, and the remainder shall be paid in 2,50,000 won on January 12, 199, and 26 days each day and paid in 2,50,000 won, and the balance shall be paid in 28 February.

F (State) representative G, representative C E 64,151,293, among the outstanding amounts of KRW 64,153,000,000 shall be paid immediately after termination, and KRW 44,151,293,000,000,000,000,000,000

2. He will obtain full approval until 28.

F (State) Representative C, Registered Representative G / 【No ground for recognition】, described in Gap evidence 1 through 4, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Summary of the plaintiffs' assertion

A. The instant written confirmation was concluded with the intent of the Defendant to assume the Defendant’s responsibility for up to 27 million won during the future transaction period with the Plaintiff A.

Plaintiff

A supplied goods to the company from February 15, 2016 to April 6, 2016, and was not paid the price of KRW 13,657,511 among them, so the Defendant is obligated to pay the said money to the Plaintiff.

B. The Defendant prepared the instant confirmation document and agreed to pay KRW 64,151,293 to the Plaintiff B, and received KRW 42,603,803 of the said amount.

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