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(영문) 청주지방법원 2020.02.06 2019가단20771

제3자이의

Text

1. According to the Cheongju District Court Decision 2017Kadan103771 Decided February 9, 2018, the Defendant’s Cheongju District Court on Company B is attached.

Reasons

1. Basic facts

A. On February 9, 2018, the Defendant filed a lawsuit against C Co., Ltd. (hereinafter “instant company”) on the Cheongju District Court 2017Kadan103771 (Delivery), and sentenced that “the instant company shall pay to the Defendant KRW 992,635,080 and its delay damages.”

B. Based on the original copy of the above judgment, the Defendant executed a seizure of corporeal movables with respect to the goods listed in the separate sheet C by the Cheongju District Court C (hereinafter “instant goods”).

C. On August 1, 2015, the Plaintiff entered into a contract with the instant company with respect to the sale of the instant goods, etc., as follows:

(hereinafter “Entrusted Sales Contract”). Article 1 of the Consignment Sales Contract / [Purpose]

2. The term "transaction on consignment" means a transaction in which Party A sells goods supplied by Party B under his/her own name and pays Party B the sales amount after deducting a certain margin from the sales of goods;

Article 3 [Supply of Goods] (1) The kinds, quantities and prices of the goods to be supplied to A, and the delivery place and delivery date of the goods shall be as shown in the annexed sheet.

In such cases, the quantity of goods may be substituted by the order request for goods or the specification of purchased goods, and the price of goods may be substituted by the order request for goods or the purchase pre-sale slip.

Article 5 [Prohibition of Payment and Reduction of Proceeds from Sale] (1) A shall pay the proceeds from sale to B by deposit in the deposit account opened pursuant to paragraph 2 below by the end of the following month on the goods sold until the last day of the following month, and shall issue a tax invoice to A within five days of the following month.

Article 7 [The supply rate, etc. of goods] (2) Eul shall supply goods to Gap at an amount of 33% of the selling price of the goods.

Provided, That the product shall be supplied with an amount of 20% at the time of full purchase of cash.

A shall not change the supply rate referred to in paragraph (1) during the contract period without justifiable grounds.

§ 20. [Measures following Termination of Contracts] Section B.