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(영문) 춘천지방법원원주지원 2017.10.26 2017가단30353

물품대금

Text

1. The Defendant’s KRW 64,788,680 as well as 6% per annum from January 21, 2016 to January 23, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On May 7, 2015, the Plaintiff entered into a contract with C (hereinafter “C”) on the supply of goods, such as horses and horses, at the site of the project for collecting earth and rocks from Hongcheon-gun D (hereinafter “the project for collecting earth and rocks of this case”).

B. Due to C’s serious financial shortage, from May 7, 2015 to November 28, 2015, C’s non-payment of the amount among the goods supplied by the Plaintiff from around November 28, 2015 reaches KRW 120,930,646.

C. On December 2015, C requested that the Plaintiff be engaged in the business with the Defendant, and that the Plaintiff be provided with the amount of KRW 500 million from the Defendant, if the amount of funds equal to the amount of KRW 500 million, the Plaintiff’s total amount of the Plaintiff’s goods payment can be fully repaid. D.

On December 2015, the Plaintiff supplied C with the horses, etc. equivalent to KRW 64,788,680 (hereinafter “instant supplies”) at C’s request.

E. On the other hand, on December 24, 2015, C and the Defendant concluded a contract with the Defendant using permission and land (including buildings), machinery, equipment, equipment and all other auxiliary facilities for the collection of earth and rocks and for the lease of mines (hereinafter “instant mine lease contract”).

The main contents of the mining lease agreement of this case are as follows.

Article 3(1)(1)(A)(Defendants shall pay KRW 00 billion as a security deposit to secure the performance of the contract, and the remainder of the funds shall be used from the present moment it is required for the operation (production operation) first, and shall be paid and disposed under mutual agreement between A (C) and B. Article 4(Business Site and Other Incidental Facilities Rent 2) A and B shall be allocated in proportion to the ratio of shares allocated between A and B.

3) Equity ratio: A 49%, B 51%, Article 6 (Relation to Claim Obligations and Other Matters) 1) With respect to all claims and obligations prior to the contract date, A is liable.

2) All claims and obligations after the date of the contract are liable. 3) Other matters: in accordance with Article 1.