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(영문) 수원지방법원성남지원 2016.01.28 2014가합202307

약속어음금

Text

1. Defendant B’s KRW 200,000,000 as well as 20% per annum from April 29, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On February 2012, the Plaintiff entered into a feed supply contract with Defendant B who run a swine farm, and thereafter supplied Defendant B with feed from that time.

B. On November 2012, in order to secure the goods payment obligation against the Plaintiff in Defendant B, the Defendants: (a) set up and cycle the right to collateral security in the name of the Plaintiff on a parcel of land (hereinafter “instant land”); and (b) signed the agreement on collateral security in which the following contents are printed (hereinafter “instant agreement on collateral security”); (c) Defendant B signed the “debtor”; and (d) Defendant C signed the “right to collateral security and joint guarantor” and “joint guarantor” respectively.

The creditor and the mortgagee of the right to collateral security: A representative director E of the L/C: The mortgagee of the right to collateral security: C/C shall conclude the contract to collateral security with the parties as follows:

Article 1. The mortgagee of the right to collateral security shall set up the right to collateral security at the order of priority on the real estate listed below that is owned by the mortgagee of the right to collateral security and its accessorys, in order to secure, within the extent of the above amount, all obligations such as borrowed money, notes, certificates of payment, certificates of payment, and all obligations arising out of, or all obligations arising out of commercial transactions, such as issuance, endorsement, guarantee, acceptance, and all obligations arising out of, and all obligations arising out of, commercial transactions, of

Article 2 In future transactions, the debtor shall not object to the suspension of credit transactions or the reduction of the limit thereof according to the circumstances of the creditor.

Article 3 When the obligor has delayed the performance obligations under the contract, or when the obligor has been declared bankrupt regardless of provisional seizure, seizure or auction from other creditors, the obligor shall lose the benefit of time and pay the full amount of the obligation immediately.

In such cases, a creditor shall engage in credit transactions at any time.