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(영문) 수원지방법원안양지원 2017.09.21 2016가합101629
물품대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 635,434,166 and the period from December 1, 2015 to March 10, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a listed company with the company engaged in the manufacture, processing, sale, installation, etc. of steel and non-ferrous metal. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in the business of voltageing, manufacturing, selling, trading, etc. of Aluminium, and Defendant C is the representative director of Defendant B.

Article 2 Terms and Conditions

(b) The unit price for loans: 120% of the unit price for the purchase of the lending company (D, E, F, G, etc.) per km: Provided, That even though the Defendant’s order exceeds 200 tons per month, the purchase price shall be 110% of the unit price where the Plaintiff supplied funds below 200 tons per month.

In addition, the defendant's order volume is 125% of the unit price for purchase of light oil on a day less than 200 tons per month.

(c)The number of loans purchased: The supplied quantity shall be from the maximum of 200 tons per month to the maximum of 400 tons per month and shall be subject to mutual consultation at the time of placing an order;

Article 5 The plaintiff shall issue a tax invoice to the defendant as of the end of each month after the close of each month, and the defendant shall pay the tax invoice in cash to the plaintiff within one month from the date of issuance of the tax invoice.

Article 7. The term of this contract shall be effective from the date of conclusion of the contract, and shall be automatically extended one year unless requested to terminate the contract one month prior to the expiration of the contract.

B. On October 5, 2015, the Plaintiff entered into a supply contract with the following content (hereinafter “instant contract”) with the intent to supply Aluminum solution to Defendant B (hereinafter “instant contract”). At the time of entering into the said contract, Defendant C became the guarantor of Defendant B.

The date of supply and the amount of each tax invoice issued on October 6, 2015, 24.15 69,508,428, 428 October 14, 2015; 41,753, 976, 114, 11, 228 on October 13, 2015; 26.48; 76,45, 878; 36.6, Oct. 16, 2015; 306, Oct. 552, 2018; 52,618; 45, Oct. 36, 2015; 196, Oct. 26, 2015; 196, 2015;

C. Under the instant contract, the Plaintiff supplied the Defendant with the loans as indicated below.

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