(영문) 수원지방법원 2018.10.16 2017가합15617

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(영문) 수원지방법원 2018.10.16 2017가합15617

부인의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a company established for the purpose of food and beverage retail business, etc., and the Plaintiff was appointed as a trustee in bankruptcy on April 29, 2015 (Uwon District Court 2015Hau14).

The defendant is a company established for the purpose of selling food materials and industrial products.

B. On January 201, A and the Defendant entered into a contract with the Defendant to supply food materials, etc. to A (hereinafter “instant commodity supply contract”) as ordered by A (hereinafter “instant commodity supply contract”), and have continued transactions since that time.

A was engaged in the business of selling again goods supplied by the Defendant to retailers.

C. Upon entering into the instant goods supply contract, A and the Defendant agreed to pay the full amount of the monthly price to the Defendant by the end of the pertinent month. However, A agreed to allow the payment of the unpaid goods within the scope of the security offered in advance to the Defendant.

A around February 13, 2014, A issued a promissory note and delivered to the Defendant on February 12, 2015, at the face value 290 million won guaranteed by the Credit Guarantee Fund, and on February 12, 2015.

On November 30, 2014, A entered into a contract with C to comprehensively transfer the business run by A to the head of the Tong (260 million won to the head of the Tong; KRW 100 million to the head of the Tong) (hereinafter “instant contract for the transfer of business”). On December 2, 2014, A would be expected to suspend the operation of A as of December 31, 2014 to the Defendant on December 31, 2014.

The notification was made to the effect that it is "....."

E. The amount of goods unpaid to A was KRW 287,905,368 as of November 30, 2014, and the Defendant continued to engage in the transaction of supplying goods as ordered by A from December 1, 2014 to December 31, 2014. As a result, the amount of goods unpaid to A was KRW 372,637,390 as of December 31, 2014.

A and the defendant.

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