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(영문) 대구지방법원 2014.08.21 2013가합8780

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, under the trade name of E, manufactures and supplies machinery to F Co., Ltd. (hereinafter “F”), and was not paid the price of KRW 219,739,00 by October 2004. The Plaintiff supplied machinery parts, etc. to F and was not paid the price of the goods. 64 companies, including the Plaintiff, are 64 companies, and the said 64 companies were not paid the price of the goods that were not paid by F. 2,462,196,102 in total.

B. 64 companies, including the Plaintiff, constituted a bond group (hereinafter “instant bond group”), and F agreed that F would provide F’s entire parts and materials in F’s factory and intellectual property rights (patent number: a control tower with a spacker using G and Switter) to the instant bond group as security for transfer, and the instant bond group would allow F to use the parts and materials that are transferred security for F’s mechanical manufacturing, but at F’s operating income, to recover the claims against F’s members of the instant bond group.

On November 16, 2004, the representative H of the claim group of this case and the defendant prepared a notarial deed of a contract for debt repayment of collateral security for transfer (hereinafter “notarial deed of this case”) in which a notary public containing the above agreement was made in accordance with No. 625, 2004. The notarial deed of this case contains the following contents:

Article 17 Section 1. This case is prepared for repayment, such as the delayed payment amount, etc., of all credit groups in transactions with J of the FF representative director of Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, and H was the representative of the claim group at the time of the execution of the notarial deed of this case, which is the representative of the claim group for contractual convenience, but now five representatives, such as the plaintiff, N, M,O, and defendant B.

of this title. This title confirms that the settlement shall be made by the creditor as the creditor.

The list of the total claims and the amount of claims they hold are equal to the addition, and the creditor H shall be equal to the amount of claims of the total claims immediately after receipt.