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(영문) 부산지방법원동부지원 2017.05.17 2016가단210124

물품대금

Text

1. Defendant B shall pay to the Plaintiff KRW 96,913,100 and the interest rate of KRW 15% per annum from August 19, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates food materials suppliers, such as agricultural products in the trade name of “D,” and Defendant B is a person who actually operated a medical corporation E (hereinafter “E”).

B. On December 10, 2013, the Plaintiff entered into a food materials supply contract with E and thereafter began to supply food materials to the said hospital from that time. Defendant B borrowed KRW 25 million from the Plaintiff on the condition that the Plaintiff entered into a food materials supply contract with E on December 11, 2013, and prepared and provided a loan certificate to the Plaintiff.

C. On June 3, 2015, Defendant C and each of the real estates listed in the separate sheet with Defendant C entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with regard to each of their own shares (hereinafter “each of the instant shares”), and on the same day, the registration of Busan District Court’s Dong branch branch branch branch branch and the registration of the claim for share transfer (hereinafter “each of the instant provisional registration”) was completed on June 3, 2015, and the provisional registration of each of the share transfer claims against Defendant C was completed on June 3, 2015, and the amount unpaid out of the food materials supplied to E was KRW 97,95,230.

The F, an incorporated association established by Defendant B (hereinafter referred to as “F”), succeeded to the food materials supply contract with the Plaintiff and accordingly received food materials from the Plaintiff. On August 10, 2015, the Korea Medical & Line Association (hereinafter referred to as the “Korea Medical & Line Association”) and the Korea Medical & Line Association (hereinafter referred to as the “Korea Medical & Line Association”) agreed to transfer F’s medical equipment and fixtures to the Korea Medical & Line Association, transfer F’s obligations to the Plaintiff, including F’s food costs liability 96,913,100 won, and the Defendant B signed the said agreement as a joint and several surety.

E. On October 23, 2015, Defendant B entered into an agreement with the Korean Medical Line Board and the Korean Medical Line Board to take over medical facilities, medical machines, and fixtures, and to take over all obligations owed to the Plaintiff, including KRW 96,913,100.

F. Each of the instant shares is the only part of Defendant B.