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(영문) 수원지방법원여주지원 2020.05.14 2019가단56925
청구이의
Text

1. The defendant's taking branch of the Suwon District Court for the plaintiff, Leecheon-si court of Leecheon-si, 2019, Jeoncheon-si94, has an executive force on the purchase price of goods.

Reasons

1. Basic facts

A. Upon receipt of a request from C Co., Ltd. (hereinafter “Nonindicted Company”) operating as the representative director, the Defendant supplied Nonparty Company with the board and fish goods (hereinafter “instant goods”) on credit from December 2012 to November 2017.

B. On January 23, 2018, Nonparty Company: (a) promised to pay the instant amount of KRW 146,00,000 as debt; (b) KRW 80,000 as one-lane on January 23, 2018; (c) KRW 13,00,000 as a total of KRW 14,00 on March 31, 2018; and (d) KRW 36,000 on April 15, 2018; and (c) promised to pay the remainder of KRW 16,00,000 in accordance with the following terms and conditions; and (d) written that all citizens and criminal liability for the said amount should be fulfilled.

C. The Plaintiff affixed a representative director’s seal imprint in the instant payment memorandum, and added it, signed the Plaintiff’s individual signature as a letter of payment.

However, the non-party company paid only KRW 80,000,000,000 to the Defendant on the letter of payment in this case, and did not pay KRW 50,000,000,000 agreed on three-lanes.

E. According to the instant payment memorandum, the Defendant applied for the payment order against the non-party company and the plaintiff as the case for the amount of goods 2019 tea, 994, Suwon District Court 2019. On June 24, 2019, the above court rendered a decision on the payment order (hereinafter “instant payment order”) that “the non-party company and the plaintiff jointly and severally pay 57,645,309 won and damages for delay at the rate of 12% per annum from the day after the original copy of the instant payment order was served to the day of full payment.” The above payment order was served on the plaintiff on July 2, 2019, and the plaintiff did not raise any objection.

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