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(영문) 인천지방법원 2021.03.25 2019가단251802
물품대금
Text

1. Defendant B’s 33,519,200 won and 6% per annum from October 21, 2019 to March 25, 2021, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in the scrap metal wholesale business under the trade name of “D”, and Defendant B is a person who supplies scrap metal, scrap metal, etc. with the trade name of “E”.

2) From October 31, 2015, the Plaintiff was supplied with goods, such as scrap metal, scrap scrap, scrap, etc. from Defendant B, and the price of goods has been traded by deducting the price from each time of supply with prior payment to Defendant B.

3) On November 20, 2017, under the circumstances where the balance of the advance payment remaining after the lapse of the period was KRW 32,014,700, the Plaintiff drafted a scrap metal transaction agreement with the effect that “the Plaintiff shall pay KRW 92,000,000 with the advance payment to the Defendant B and enter into a contract for the transactions of scrap and scrap between the Plaintiff and the Defendant” (hereinafter “instant contract for the supply of goods”) with the Plaintiff.

4) On July 10, 2018, the Plaintiff was supplied with the last product from Defendant B, and the remainder remaining at the time is KRW 3,519,200.

5) On July 10, 2018, the Plaintiff confirmed the fact that the factory operation is suspended due to Defendant B’s detention at the end of the hydrogen, in which the supply was not carried out.

6) Accordingly, the Plaintiff rescinded the instant goods supply contract unless the goods were supplied within seven days from the date of receiving the duplicate of the instant complaint in the instant complaint.

B. Defendant B’s real estate disposal act 1) The Plaintiff intended to make a provisional attachment on Defendant B’s factory, namely, F building G (hereinafter “instant factory”) in order to preserve the claim for refund of advance payment under the instant goods supply contract against Defendant B. However, on July 18, 2018, H’s name was based on the provisional registration on the right to claim for transfer of ownership based on the self-sale contract, and the ownership in H’s name was transferred on July 30, 2018.

2) Accordingly, the Plaintiff’s respective real estate indicated in the separate sheet (hereinafter “instant I”).

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