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(영문) 수원지방법원성남지원 2019.02.27 2018가단7145
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 74,200,000 and the interest rate of KRW 15% per annum from March 30, 2018 to the date of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion supplied the Defendant with agricultural products of KRW 82,910,000, but the Defendant paid only KRW 8,710,000 to the Defendant.

Therefore, the defendant is obligated to pay the remaining goods price of KRW 74,200,000 as well as damages for delay to the plaintiff.

B. The Defendant’s assertion that: (a) the Defendant provided the right to collateral security (hereinafter “instant right to collateral security”) of KRW 120 million with respect to land Nos. 5-E (hereinafter “instant real estate”) outside Gangnam-gu Seoul, Gangnam-gu; and (b) provided the Defendant with agricultural products equivalent to KRW 120 million with respect to KRW 120 million with respect to land No. 5 (hereinafter “instant real estate”); (c) the Defendant sold and settled it.

However, since the Plaintiff only supplied agricultural products equivalent to KRW 82,910,000 and does not supply all agricultural products up to KRW 120,000,000, it is not obligated to pay the price for goods because the due date for the payment of the price for goods has not yet arrived.

2. On January 29, 2018, the Plaintiff became aware of the fact that the instant right to collateral security was established for securing the purchase price of agricultural products to be supplied to the Defendant, and that the Plaintiff provided only the purchase price of KRW 120 million with the maximum debt amount of KRW 120 million to the Defendant on the security of the instant right to collateral, and that the Plaintiff provided the Defendant with agricultural products worth KRW 120 million with the lease deposit of KRW 82,910,000 with the purchase price of KRW 14,40,000,000 with the purchase price of KRW 82,910,000 with the purchase price of KRW 82,00,000 with the purchase price of the instant real estate on the security of the right to collateral security, the fact that the lessee suspended the supply of agricultural products and requested the Defendant to pay the purchase price of agricultural products during that period, and the Defendant paid only the purchase price of KRW 8,710,000 to the Plaintiff pursuant to the purport of each written evidence

According to the above facts of recognition, if the defendant provides the plaintiff with security equivalent to KRW 120 million between the parties, the plaintiff shall be provided.

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