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(영문) 수원지방법원안양지원 2016.09.28 2016가단7096
물품대금등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 36,445,00 and the Defendant Net Pison Co., Ltd. on June 10, 2016.

Reasons

1. Determination as to the cause of claim

A. On August 13, 2014, the Plaintiff entered into a gold production contract with Defendant Net Pison Co., Ltd. (hereinafter referred to as “Stock Co., Ltd.”) with the price of KRW 130 million,00,000,000, and produced and supplied the gold penalty.

At present, the balance of the production cost debt against the plaintiff in the case of the defendant net Pison Pison Co., Ltd. is 36,445,000 won.

Defendant A is the vice president of the Dispute Resolution Co., Ltd., and the Dispute Resolution Co., Ltd. is the relationship between the Plaintiff and the goods supplied by the Plaintiff and the goods manufactured and supplied to its owner.

Defendant A, on July 6, 2015, prepared a letter of July 2015, stating that “Defendant A shall jointly and severally guarantee the obligation of the Plaintiff to the Plaintiff,” because the Plaintiff was unable to receive the gold production cost from the Defendant PY PY and did not supply the Plaintiff with the goods, thereby delaying the supply of the goods to the ordering office of the BBP.

[Reasons for Recognition] A.1-3 Evidence, entry of evidence Nos. 1-5, the purport of the whole pleadings

B. Accordingly, Defendant A and the Plaintiff jointly and severally have the obligation to pay to the Plaintiff the balance of the gold production cost of KRW 36,445,00 and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day of delivery of a copy of the complaint in this case (Defendant A and Defendant A: June 10, 2016; May 21, 2016) to the day of full payment, as the Plaintiff seeks.

2. At the time of the preparation of the statement of July 6, 2015, Defendant A and Defendant A, the principal debtor, the Plaintiff, and Defendant A agreed to keep confidential each of them. Since the Plaintiff violated the commitment, such as disclosing it to Defendant ASY PY and PY, Defendant A did not assume the joint and several liability.

The fact that each letter (No. 2) contains the purport that the document shall be kept confidential to the representative of the plaintiff.

However, in the event that such a commitment has been entered into, the letter shall be effective.

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