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(영문) 서울중앙지방법원 2016.11.18 2016가합3770
보증채무금
Text

1. The Defendant: (a) KRW 285,00,000 for the Plaintiff and 5% per annum from February 4, 2016 to March 28, 2016; and (b) the Plaintiff.

Reasons

The plaintiff is a company established for the purpose of the business of manufacturing and selling livestock batteries.

The SBS system (hereinafter “SBS”) is a company established for the purpose of business, such as the primary and secondary annual storage batteries wholesale and retail business, and the Defendant is a person who, as seen later, agreed to pay part of the obligations owed to the Plaintiff of SBS.

On June 24, 2007, the Plaintiff and SBB entered into a storage cell sales agreement with the Plaintiff and SBB to sell storage cells, etc. to SBB and sell them within the agreed area.

The Plaintiff supplied the storage batteries, etc. to SB pursuant to the above sales agreement, but SB won failed to pay the price for the goods to the Plaintiff, and around February 2016, the amount of the unpaid goods amount to the Plaintiff exceeds KRW 2 billion.

On February 2, 2016, the Defendant: (a) subrogated the Plaintiff with the amount of KRW 300 million out of the amount of the unpaid goods payment against the Plaintiff by the Defendant; (b) on January 22, 2016; and (c) on January 26, 2016, KRW 85 million, the amount of KRW 200,000,000,000 on January 26, 2016; and (c) on February 3, 2016; and (d) on March 3, 2016, the Defendant drafted and issued a letter of subrogation stating that the amount of KRW 200,000 would be lost due interest and the amount would be repaid in full immediately once.

Meanwhile, from the Defendant’s account under the Defendant’s name B (198), KRW 10 million was transferred from January 22, 2016 to the account under the Plaintiff’s name, and KRW 15 million was transferred from January 26, 2016 to the account under the Plaintiff’s name.

[Based on the facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Gap evidence Nos. 6-1, 2, Gap evidence Nos. 7-1, and 7-2, and the whole purport of the pleadings, according to the above-mentioned facts, the defendant deducted the plaintiff from KRW 15 million paid at KRW 300 million according to the subrogation rejection as of February 2, 2016.

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