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(영문) 서울중앙지방법원 2018.11.29 2017가합536307
물품대금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from November 1, 2016 to December 5, 2017, as well as KRW 99,804,970.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of manufacturing and selling bicycles.

Defendant D is the former representative director of Defendant B Co., Ltd. (hereinafter “Defendant B”), and F took office as an internal director on May 19, 2017, who is the representative of Defendant B, and Defendant B is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”), and F is the remainder of Defendant D and E.

B. B. B B was granted the right to represent Defendant B to enter into a contract on the Daegu-gu bicycle riding machine contract and direct sales agency contract between the Plaintiff and Defendant B, and the right to represent Defendant B’s bicycle orders, etc. B before taking office as an internal director, who is the representative of Defendant B (see, e.g., May 19, 2017). The right to represent the direct sales agency contract between the Plaintiff and the Defendant C and the right to represent the Plaintiff’s bicycle orders, etc.

C. On July 21, 2016, F entered into a contract on behalf of Defendant B with the Plaintiff on the Daegu-gu bicycle riding machine (the contract term until December 31, 2017, and one-year automatic extension if there is no declaration of mutual termination of the contract). On July 25, 2016, F entered into a contract on behalf of Defendant B and C with each direct agency (one-year period from the date of preparation of the contract) on behalf of the Plaintiff.

Article 5 of the above direct agency contract provides that the payment of the price for the goods (bicycles) supplied by Defendant B and C shall be made by the end of the month of receipt of the payment from the Plaintiff, and that the payment of the price shall be made by the end of the month of receipt of the payment, and that the payment of the price for delay

(e) F.C.

At the time of concluding each direct agency contract on behalf of Defendant B and C on December 31, 2017, the Plaintiff leased KRW 50,000,000 (hereinafter “instant loan”) to Defendant C used for the purpose of the lease deposit of the direct agency (hereinafter “instant loan”). Defendant E provided joint and several sureties for the instant loan obligations. The Plaintiff and Defendant C are ①.

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