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(영문) 서울고등법원 2019.01.16 2016재나20145

매매대금

Text

1. Ordering the following payment among the parts against the defendant in the judgment subject to a retrial and the judgment of the court of first instance (the defendant for retrial).

Reasons

1.The following facts of basic facts shall be apparent in the records or significant to this Court:

Prior to the judgment subject to a retrial, the Plaintiff registered his business with the trade name of “D” and runs a wholesale and retail business. The Defendant is a corporation established on December 11, 2012 for the purpose of manufacturing and wholesale business of clothing subsidiary materials, and C is a corporation E (hereinafter “E”).

2) The Plaintiff, from March 2012, was involved in the supply of E and clothing.

E issued to the Plaintiff a promissory note amounting to KRW 331,434,210 as stated in the following table for the payment of the purchase price of the safeness supplied by the Plaintiff:

Net No. 1F 45,235,891 on September 19, 2012, G 30,000 on June 28, 2012, H 35,000 on June 35, 2012, 30,000 on 10.35,00 on 19.4, 200 on 19.39, 39,495,864 on 10.35,20 on 205, 200 on 19.4, 205, 30,000 on 20.35,00 on 19.4, 205, respectively, on 205, 205, 30,000 on 19.4, 205, 205, respectively, on 205, 205, 305,205,200.

2. The Promissory Notes (30,000,000) Nos. 2 of the above Table No. 300

3. Promissory notes (35,00,000 won) Nos. 3 of the above detailed statement are settled on November 19, 2012.

4. Promissory notes (C9,495,864 won) Nos. 4 of the above detailed statement shall be settled on November 30, 2012.

5. The Promissory Notes (Nos. 46,300,000) Nos. 5 of the above detailed statement are settled on December 21, 2012.

6. Promissory notes (2.00,000 won) Nos. 6 of the above detailed statement Nos. 53,700,000 shall be settled on January 31, 2013.

7. Promissory Notes (2) Nos. 81,702,455) No. 7 of the above detailed statement shall be settled on December 30, 2012.

8. The credit amount of KRW 220,000,000 at the end of July shall be January 30, 2013.