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(영문) 창원지방법원밀양지원 2013.11.27 2012가단5225
물품대금 및 손해배상
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, KRW 14,331,764, and each of the above amounts, respectively.

Reasons

1. Basic facts

A. The Plaintiff, the purpose of which is the manufacturing business of automobile metal parts, supplied the automobile parts, etc. to Defendant B’s “E” from October 201 to August 2012.

B. On the other hand, around August 23, 2012, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) drafted the following sales contract with the purport that the Defendant Co., Ltd. would acquire and sell its business property for the liquidation of E, and take charge of the business affairs, such as settling accounts with the proceeds from the sale, etc.

(hereinafter referred to as “instant sales contract”. “A” and “B” agree to make best efforts to pay B all of the remaining machinery, tools, stuffs, materials and fixtures and scrap metal, etc. except for machinery, etc. on which mortgage is established to the banks, etc. owned by A, and to take necessary measures, such as liquidation, protection of company’s collateral security, succession to lease machinery, etc. at the same time after the completion of the supply of the goods, since the completion of the supply price of the goods falls under KRW 1,600,000,000, and the supply price of the goods falls under KRW 1,60,000,000 after the completion of the supply after consultation with the commercial credit group.”

C. Around September 10, 2012, the Defendant Company, as part of the performance of the above sales contract, drafted a letter of agreement with the representatives of E, including the Plaintiff, and the following (hereinafter “the first written agreement”). The amount of attempted bonds confirmed by the Plaintiff against the Defendant Company is KRW 71,658,820 in total.

"Compensation for non-exclusive bonds shall be 40% of the amount of attempted bonds, and 25% of the amount of compensation shall be collected from the customer's claim at the end of September (Pank-2 before September 30, 2012).

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