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(영문) 창원지방법원진주지원 2014.12.10 2014가합485
물품대금등
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 90,000,000 as well as 20% per annum from January 7, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in the manufacturing business, etc. of textile products with the trade name of “D”, and Defendant B is an individual entrepreneur who engages in the wholesale and retail business, etc. with the trade name of “E”.

B. On August 22, 2011, the Plaintiff supplied the real team to Defendant B, and on January 12, 2013, Defendant B issued a written notice of non-payment stating that “The amount of the non-payment in arrears at present is KRW 50,00,000,00, which would be repaid by June 12, 2013.”

C. Subsequent to that, the Plaintiff continued to supply the actual storage unit to Defendant B. On June 27, 2013, Defendant B prepared four copies of a promissory note, the par value of which is 10,000,000, and received endorsement from Defendant C, who is one’s own wife, and then delivered each of the said promissory notes to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that: (a) from August 22, 2011 to October 31, 2013, the Plaintiff supplied the actual storage team, etc. to Defendant B to supply the unpaid goods to KRW 118,025,00; and (b) Defendant C jointly and severally guaranteed KRW 40,00,000 out of the unpaid goods; (c) the Plaintiff, Defendant B, and Defendant C, should pay damages for delay of the said amount to KRW 40,00,00 among the above money, and each of the above money.

B. In light of the above facts, it is reasonable to view that the price for the goods that the Plaintiff was not paid by the Defendant B is KRW 90,000,000 (per note 50,000,000 won for a promissory note 40,000,000) and the Defendant C has jointly and severally guaranteed KRW 40,000 out of the price for the goods unpaid. However, there is no evidence to support that the price for the unpaid goods is more than the above amount and more than KRW 118,025,00,000. Accordingly, the Defendant B has fully repaid the amount from January 7, 2014, which is the day following the service date of the original copy of the instant payment order against the said Defendant.

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