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(영문) 부산지방법원 2017.02.16 2016가단354288
매매대금
Text

1. The Plaintiff:

A. Defendants B and D Co., Ltd. are jointly and severally liable for 43,188,000 won and the same on June 2016.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-3.

On September 21, 2012, the Plaintiff, who runs the business of selling bonds with the trade name of “E,” was issued and delivered a promissory note with a face value of KRW 100 million (hereinafter “instant promissory note”) as security for the payment of goods by Defendant B, who runs the business of selling agricultural products, etc. under the trade name of “D”, and received the relevant authentication.

B. By October 27, 2015, the Plaintiff supplied Defendant Incorporated Incorporated Co., Ltd., Ltd., incorporated by converting Defendant B into a business entity “D” with Defendant B, with agricultural products, such as vegetables, and KRW 43,188,000 out of the price remains as the outstanding amount.

2. Judgment on the plaintiff's claim

A. According to the facts of the above recognition of the claim against Defendant B, and Incorporated Company D, Defendant B, and Incorporated Incorporated Company D are jointly and severally liable for payment at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 1, 2016 to the date of full payment, which is the day following the delivery of a copy of the application for the instant payment order sought by the Plaintiff, to the Plaintiff, barring any special circumstances.

B. The Defendant C, who appears to be the husband of the Plaintiff B’s claim against the Defendant C, is jointly and severally with the Defendant B, running the individual business chain “D” and the Defendant Incorporated Incorporated Company D, converted into this legal entity, and signed and sealed the promissory note in this case as the joint issuer. As such, Defendant B and the Incorporated Company D are jointly and severally liable to pay KRW 43,18,000 to the Plaintiff.

(B) Defendant C merely is an employee in charge of purchase of goods by Defendant C Co., Ltd. and there is no reason to respond to the Plaintiff’s claim.

(2) The written evidence No. 3 is included in the judgment of the court below.

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