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(영문) 서울남부지방법원 2014.06.19 2013가합12045
근저당권말소
Text

1. The defendant,

A. As to the real estate listed in the separate list Nos. 1 through 4 to the Plaintiff A Co., Ltd.

Reasons

Basic Facts

The relevant Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) between the parties is a company aimed at distributing, selling and providing chemical and business ingredients, etc., and Plaintiff B is the representative director of the Plaintiff Co., Ltd.

The defendant is a company that mines, manufactures, distributes, and sells chemical products, such as carbon calcium, and the plaintiff company has been engaged in business that sells Pium products produced by the defendant.

On October 1, 199, the Plaintiff Company entered into a trade agreement with the Defendant (hereinafter “instant agreement”) with respect to the goods transaction agreement, including the recontract on October 1, 1999, which has been extended after October 1, 1999, (hereinafter “instant agreement”), and made the agreement automatically extended once a year, unless one party expresses his/her intent to refuse the renewal of the agreement in writing.

Since the re-establishment of a written agreement on October 1, 2001, the said agreement has been continuously renewed.

The main contents of the instant agreement are as follows.

(hereinafter “A” refers to the Plaintiff Company, respectively. Article 2 (General Provisions)

1. The key to the supply of products made by Gap to Eul, and Eul shall not deal with all other products of the same kind or similar kind;

2. B shall supply and sell products A with due care and duties of a good manager as stipulated in this contract.

Article 7 (Payment of Price of Delivered Goods)

1.B shall pay the price for the goods supplied in the month after the end of each month to A by the end of the following month, and in principle, the settlement date shall not exceed 120 days at the end of each month when the bill and check are deposited;

However, when the settlement date of a bill or check deposited by B inevitably exceeds 120 days, interest on the number of days exceeding 120 days excluding 120 days shall be paid in addition to the market interest rate.

2. Where a bill or check is deposited in the name of a third party;

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