기간미도래확인 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Facts of recognition
The Defendant is a company that manufactures and sells pumps and related products, and the Plaintiff A is a person who entered into an agency contract with the Defendant for the distribution pumps, etc. from around 2004 to January 201. The Plaintiff Company is a company that sells parts, such as the hair, pumps, and pipes, and entered into an agency contract with the Defendant for the distribution pumps, etc. for daily use from around January 201 to around January 201.
Plaintiff
A on October 9, 2008, in order to secure the present and future obligations under an agency contract with the Defendant, A entered into a mortgage agreement with the mortgagee as to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant, the debtor, the Plaintiff, and the maximum debt amount at KRW 300,000,000, and completed the registration of Daejeon District Court and the registration of the establishment of the neighboring mortgage (hereinafter “registration of the establishment of the instant real estate”). < Amended by Act No. 94932, Oct. 14, 2008>
On January 13, 2011, the Plaintiffs and the Defendant concluded a contract with the Plaintiff Company to take over the Plaintiff Company’s debt overlappingly, and added the Plaintiff Company as the debtor of the registration of the establishment of the neighboring mortgage of this case.
Plaintiff
On June 16, 2015, the Company entered into a transaction agreement with the Defendant (hereinafter “instant transaction agreement”) with the following terms and conditions (hereinafter “instant transaction agreement”).
Article 2 (Supply and Sale of Goods) A seller (the defendant; hereinafter the same shall apply) of the Written Agreement shall supply the buyer (the plaintiff company; hereinafter the same shall apply) with the pumps and related products (hereinafter referred to as "goods") manufactured by the seller, and the buyer shall sell to the seller the goods supplied by the seller with the payment for the price.
Article 4 (Methods of Price Payment) The buyer shall pay the seller the full amount of the price (hereinafter referred to as "price") at the same time as the delivery of the goods from the seller.
Provided, That where a buyer delivers a check, bill, etc. to a seller to guarantee the payment of the price of goods, the seller shall pay the price of goods.