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(영문) 대구지방법원포항지원 2015.05.12 2014가단10104
약정금
Text

1. Defendant C shall pay to the Plaintiff KRW 26,750,004 as well as 20% per annum from January 10, 2015 to the date of full payment.

Reasons

1. Claim against Defendant C

A. The non-party to the claim is liable to pay to the Plaintiff the amount of KRW 26,750,000,000 for the unpaid goods, and the defendant C agreed to pay the amount of the above goods to the plaintiff as the price for the above goods. Thus, the defendant C is liable to pay the plaintiff the amount of KRW 26,750,004 and the damages for delay.

B. Judicial confession based on recognition (Article 288 of the Civil Procedure Act)

2. Claim against the defendant B

A. The Plaintiff’s assertion that Non-Party D Co., Ltd. is liable to pay 26,750,004 won for the unpaid goods to the Plaintiff. Defendant B agreed on Oct. 29, 2008 on the payment of the above goods price to the Plaintiff on Oct. 29, 2008. As such, Defendant B is jointly and severally liable with Defendant C who agreed to pay the price for the goods to the Plaintiff.

B. 1) In full view of the overall purport of the arguments in the evidence Nos. 1-2, 2, and 3, Defendant B was registered as the representative director of Plaintiff D on July 14, 2008, and on October 29, 2008, a payment note stating that the Plaintiff will pay KRW 57,469,000 for the amount of goods unpaid by Plaintiff under the name of Plaintiff D on October 29, 2008 (hereinafter “each of this case”).

(2) As of the date of the closing of argument in this case, Defendant B asserts that there was no payment agreement on the Plaintiff’s above assertion, and thus, Defendant B made a payment agreement on the obligation to pay the above goods to the Plaintiff. As seen earlier, the fact that each of the instant notes in Defendant B was written on the part of Defendant B, but the seal affixed on the signature of Defendant B is not the personal seal impression of Defendant B, but the corporate seal of Defendant D, and Defendant C is present on the second date of pleading and present on the second date of pleading.

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