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Reasons
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(영문) 인천지방법원부천지원 2016.12.27 2016가단21720
물품대금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 60,000,000 and KRW 2,000,000 among them, from April 1, 2015 to 3,00.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the business of producing and selling subsidiary materials, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation that runs the wholesale and retail business of construction materials.

B. The Plaintiff supplied the Defendant B with the “pit pumps” as a kind of a chip.

C. On April 17, 2014, the Plaintiff, as it was not paid the price of the goods by the Defendant B, set the price of the goods as KRW 60,000,000 between the Defendants and the Defendants, and drafted “a plan for confirmation and reimbursement of the obligation” with the content that the said payment shall be made in installments as follows:

(hereinafter “The instant claim confirmation and reimbursement plan” hereinafter). The Plaintiff’s obligor: Defendant B’s joint and several sureties: Defendant C’s obligor’s promise to pay KRW 60,000,000 to the Plaintiff’s obligee, and Defendant C’s undertaking to faithfully implement the repayment plan according to the following repayment plan:

- A draft repayment plan for debt - [2015] 1.2,00,000 won on March 31, 2015; 3,000,000 won on June 30, 2015; 4,000 won on September 30, 2015; 3,000,000 won on December 30, 2015; 4,000 won on March 31, 2016; 3,000,000 won on March 31, 2016; 0,000,000 won on June 30, 201; 3,000,00 won on June 30, 201; 3,000 won on June 30, 2016; 3,000 won on June 5, 2016; 4, 2005, respectively;

2. Determination on the cause of the claim

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount set forth in the instant claim confirmation and reimbursement plan and each due date for the payment of the said amount (one to the fourth portion of the foregoing repayment plan and one to the third portion of January, 2016). The Defendant is obligated to pay damages for delay from the day following the due date for each payment.

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