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Reasons
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(영문) 창원지방법원밀양지원 2020.05.15 2019가합10421
물품대금
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1. The defendants are jointly and severally liable to the plaintiff for KRW 190,80,000 and the year from October 1, 2019 to May 15, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in feed wholesale and retail business. Defendant B’s farming association corporation (hereinafter “Defendant corporation”) is a company that engages in snick snick snick snick snicking business. Defendant C is an actual manager of the Defendant corporation, and Defendant C is an auditor of the Defendant corporation and Defendant C.

B. From November 7, 2016 to July 26, 2019, the Plaintiff supplied snish feed to Defendant corporation. Defendant C guaranteed the Defendant corporation’s obligation to pay goods to the Plaintiff on October 23, 2018, and D guaranteed the Defendant’s obligation to pay goods to the extent of KRW 600,000,000 on April 17, 2019.

C. As of July 26, 2019, the amount of the goods that the Defendant Company should pay to the Plaintiff was KRW 616,176,500.

On September 25, 2019, the Plaintiff filed the instant lawsuit against the Defendants and D seeking the payment of the said goods price and damages for delay.

D around January 2020, during the instant lawsuit, D repaid to the Plaintiff KRW 425,376,50,00, and the Plaintiff withdrawn the lawsuit against D on January 21, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Defendants are jointly and severally liable to pay the price for goods and delay damages to the Plaintiff; D, one of the joint and several obligors, repaid KRW 425,376,50 to the Plaintiff around January 202; and the Plaintiff is entitled to pay KRW 425,376,50 to the principal of the goods.

The plaintiff asserted in the reference document of April 7, 2020 that " KRW 190,800,800,000, which is the remaining amount obtained by deducting KRW 425,376,50, which was paid from D from the original claim amount of KRW 616,176,50, the original claim amount of KRW 616,376,50, and damages for delay thereof, shall be paid jointly by the defendants." It is deemed that the above KRW 425,376,50 should be appropriated for the principal amount of the goods.

Therefore, the Defendants jointly and severally paid 190,800,000 won for the remainder of the goods (=616,176,500- 425,376,500) to the Plaintiff.

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