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Reasons
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(영문) 인천지방법원 2015.04.30 2014가단64478
물품대금
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1. The Defendants jointly and severally liable to the Plaintiff for KRW 47,394,626 and Defendant Pamp Smart Co., Ltd. on November 5, 2014.

Reasons

1. Basic facts

A. On November 2012, the Plaintiff entered into a transaction agreement with Defendant Pamp Smart Co., Ltd. (hereinafter “Defendant Company”), ① selling ices only supplied by the Plaintiff, ② paying the price for the goods on the 20th day of each month as of the end of the 20th day of each month, ③ selling ices of KRW 400 million during the contract term; ④ in return, the Plaintiff shall provide the Defendant Company with cash support of KRW 40 million; ⑤ The Defendant Company entered into a transaction agreement with the content that subsidies for the non-performance of the contract shall be refunded, and around that time, paid KRW 40 million in cash to the Defendant Company.

B. On March 14, 2013, the Plaintiff agreed to raise the sales amount of ice and the sales amount of the above transaction agreement between the Defendant Company as KRW 50 million, and the cash grant amount as KRW 50 million, and paid KRW 10 million to the Defendant Company on March 18, 2013.

C. On March 14, 2013, Defendant A agreed with the Plaintiff to jointly and severally guarantee all the obligations in the present and future, including the goods payment obligations that the Defendant Company owes to the Plaintiff, the king, such as bills issued or endorsed by the Defendant Company, check money, and surety obligations.

On February 19, 2014, the Defendant Company agreed to return the cash subsidy of KRW 45 million to the Plaintiff in installments at KRW 3 million each month, and the Defendant Company repaid KRW 9 million thereafter.

E. Meanwhile, the Defendant Company was supplied with ices, etc. by the Plaintiff and failed to pay the price. The amount of the goods unpaid as of May 28, 2014 is KRW 11,394,626.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants jointly and severally agreed to the Plaintiff 47,394,626 won ( = 36,000,000 won) and the Defendant Company A from November 5, 2014, which is the day following the receipt of a duplicate of complaint.

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