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(영문) 부산지방법원 2017.08.23 2015가합6473

물품대금

Text

1. The Plaintiff’s rehabilitation claim against S. S. S. S. S. S. S. Company is KRW 626,589,850 and this.

Reasons

1. Facts of recognition;

A. From July 13, 2015 to September 2015, the Plaintiff sold 3,505,650km (hereinafter “the instant goods”) total of waste equipment, such as scrap iron, in the ceiling plant, purchased by Samsung SP from Samsung SP Co., Ltd. (hereinafter “SS”) to 3,505,650 kilograms total of 3,326,667,850 kilograms (hereinafter “the instant goods”).

At that time, E.S. paid 300,000,000 won to the Plaintiff as contract performance guarantee.

B. On August 11, 2015, E.S. resold the instant goods to the piracy Co., Ltd. (hereinafter “piracy”).

On the other hand, on August 21, 2015, the Plaintiff and E.S. and E.N. had a pledge on the instant goods stored in the camping site leased by the Plaintiff for the purpose of securing the claim for the payment of the instant goods, and on the other hand, they agreed between the Plaintiff and the Plaintiff that the rent and the management fee for the camping site shall be borne by piracy.

C. By October 6, 2015, E.S. only repaid KRW 680,523,200,00 and did not pay the remainder of the goods. As such, the Plaintiff, on December 21, 2015, maintained the validity of the existing three-party agreement and the pledge agreement between E.S. and E.S., and entered into an settlement agreement (hereinafter “instant settlement agreement”) with the following terms and conditions (hereinafter “instant settlement agreement”). The amount of claims and obligations from E.S. 1. at that time, the balance of obligations that E.S. (E.) shall pay to the seller (the Plaintiff) as of the date of the conclusion of this agreement is KRW 2,541,589,850 (including the Won 2,541,589,850, value added tax).

2. The adjustment of the amount of claims and obligations and the seller of repayment of the price shall discount the amount of KRW 200 million (Won 200,000,000) from the amount of claims and obligations, and the buyer shall, at the time of conclusion of a sale and purchase contract of goods, pay to the seller the sum of KRW 300,000 (Won 300,000,000) which is the deposit