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(영문) 수원지방법원안양지원 2016.08.05 2015가단107630

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,938,664 and the interest rate of KRW 17% per annum from February 1, 2015 to the day of complete payment.

Reasons

1. The following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, and Eul evidence No. 1:

In around 1995, the Plaintiff entered into a contract for the supply of goods (the due date: the last day of the month in which the goods are supplied, the delay rate: 17% per annum) with the contents of the supply of steel products produced by the Plaintiff (the due date for the payment of goods: the last day of the month in which the goods are supplied, and the delay rate: 17% per annum) and continued transactions by renewal of the goods supply contract by January 16, 20

B. On January 9, 2004, the Defendant, as the representative director of the non-party company, entered into a comprehensive collateral guarantee contract with the Plaintiff, which is based on the commercial transaction between the Plaintiff and the non-party company, to the effect that the non-party company bears the principal obligation to the Plaintiff (hereinafter “instant comprehensive collateral guarantee contract”).

C. The price for the goods that the Plaintiff provided to Nonparty Company was not paid to Nonparty Company is KRW 30,938,664 as of January 16, 2015, which is the final transaction date.

On the other hand, on February 24, 2015, the non-party company filed an application for rehabilitation procedures with the Suwon District Court 2015 Gohap6, and the court rendered the decision to commence rehabilitation procedures on March 23, 2015, and decided to authorize the rehabilitation plan on March 2, 2016.

2. The assertion and judgment

A. The judgment on the cause of a claim is scheduled to separately conclude a basic transaction contract that falls under the category of basic transactions. Thus, even if a new basic transaction contract was concluded after the conclusion of a contract for guarantee of collateral, or an agreement was concluded after renewal of the time limit for an existing basic transaction contract and increase of the transaction limit, if it falls under the type of basic transactions as originally determined, and the obligation resulting therefrom falls under the category of the original basic transaction and does not exceed the total guarantee limit.