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Reasons
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(영문) 전주지방법원 2019.01.10 2017가합4972
물품대금
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1. The Defendants jointly and severally agreed to the Plaintiff KRW 313,912,789 and Defendant B Co., Ltd. from January 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the business of manufacturing processed meat products; Defendant B (hereinafter “B”) is a corporation that runs the wholesale and retail business of livestock products; Defendant B’s representative director is Defendant C and real operators are Defendant D.

B. The Plaintiff supplied livestock products to Defendant B, and prepared and received a repayment plan as follows from the Defendants.

Repayment Plan

1. Customer name: State B;

2. Amount to be received: 316,000,000 won;

3. The monthly repayment plan: 00,000,000 on June 17, 2016;

4. I reaffirm that the sum of the outstanding amounts is the attempted amount of the goods to be repaid to your Company, promise to repay the outstanding amounts monthly, and promise to accept any legal measures of your Company if I fail to implement the reimbursement plan.

6. The joint and several sureties, if the obligor is unable to discharge his obligation, will act on behalf of the obligor in accordance with the above repayment programme.

Debtor: D, C (Reasons for Recognition): Defendant B, and C: Confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act) Defendant D: The fact that there is no dispute, entry of evidence No. 1, and the purport of all pleadings.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining goods price of KRW 313,912,789, excluding KRW 2,087,211, and as requested by the Plaintiff, Defendant B, who is the day following the delivery date of the copy of the complaint of this case, from January 18, 2018; Defendant C, from January 3, 2018; and Defendant D, from April 21, 2018 to the day of full payment, from January 3, 2018; and Defendant D, from April 21, 2018 to the day of full payment.

3. Accordingly, the plaintiff's claim of this case is justified and it is so decided as per Disposition by the assent of all.

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