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(영문) 춘천지방법원원주지원 2019.06.27 2018가단307074
물품대금
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that engages in the production of windows and the sales of materials, and Defendant C entered into a material supply contract with the representative director and the subsidiary of the Indian State E with Defendant D director (hereinafter “instant corporation”) and supplied total of KRW 90,427,204 from March 8, 2013 to May 21, 2013.

B. As of May 21, 2013, the price for the attempted material to the plaintiffs of E's subsidiaries of India is KRW 76,276,960.

C. On April 18, 2013, the Defendants signed each of their joint and several sureties (Evidence A 1) to the effect that “the instant corporation would pay to the Plaintiff the price of the materials that it received until that time is within the limit of August 30, 2013.”

On the other hand, on October 4, 2013, the Plaintiff changed its trade name from F Co., Ltd. to A from F Co., Ltd. to A and completed the registration of change on the seventh day of the same month.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 4, significant facts in this court, the purport of the whole pleadings

2. Determination on the claim for the payment of material price

A. According to the purport of Gap evidence No. 1 and the entire pleadings as to the cause of the claim, barring any special circumstance, the defendants are jointly and severally liable to pay 76,276,960 won and damages for delay, which are the amount of material price obligations owed to the plaintiff (hereinafter “instant obligation”).

B. The Defendants’ defenses and the Plaintiff’s assertion that the statute of limitations expired defenses by the Defendants were expired by the three-year statute of limitations.

In full view of the respective descriptions of evidence Nos. 1 and 2 and the purport of the entire pleadings, the money claimed by the Plaintiff to the Defendants from March 8, 2013 to the same year.

5. Until December 21, 200, the Plaintiff’s price for the raw materials and subsidiary materials supplied by the Plaintiff to the Defendants constitutes the price for the goods. The Plaintiff is a merchant who repeatedly and continuously sells the said raw materials and subsidiary materials to the company engaging in the production of goods and the distribution of materials.

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