Text
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 52,687,00 as well as to the Plaintiff from September 29, 2010 until March 28, 2016.
Reasons
1. The following facts are deemed to have been led to confessions between the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) pursuant to Article 150 of the Civil Procedure Act. The Plaintiff and Defendant C may be acknowledged by taking into account the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 3, 4, 5, 7, and 8 (including serial numbers).
The plaintiff is a corporation that has its head office in Ansan-gu Hodong, and operates food materials and food processing manufacturing and distribution business. The defendant company has its head office in Gangnam-gu, Seoul. The defendant company is a corporation that operates coffee machinery, ice cream machinery, ice cream raw material export and trade business and trade business. The defendant C worked as a director or internal director of the defendant company from January 7, 2009 to January 18, 201.
B. On September 28, 2010, the Plaintiff entered into the import agency contract of the instant case and the Plaintiff paid 52,687,000 won to the Defendant Company as the advance payment for the goods, under an import agency contract with the Defendant Company, under which the Defendant Company imported the raw materials for the production of the ice C from Montreal Co., Ltd. (hereinafter “Nonindicted Company”), a Italian company, and would supply it to the Plaintiff (hereinafter “instant import agency contract”).
C. Defendant Company’s default 1) However, until five years have passed since the date of concluding the import agency contract of this case, Defendant Company did not supply the Plaintiff with the raw materials for the production of ice cream pursuant to the import agency contract of this case. 2) In addition, Defendant Company did not pay the goods to Nonparty Company for the raw materials for the production of ice cream, which were supplied from January 29, 201 to September 20, 201, and was subject to a lawsuit claiming the purchase of goods from Nonparty Company as Seoul Central District Court 201Ga105879 on October 10, 201. The above court was the Defendant Company on February 21, 2012.