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(영문) 대전지방법원천안지원 2012.07.20 2011가합4028
물품대금
Text

1. Defendant A and B shall jointly and severally pay to the Plaintiff KRW 150,000,000 and the interest rate from May 30, 2010 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in steel wholesale retail business; Defendant A is a representative director of Nonparty D Co., Ltd. (hereinafter “D”); Defendant B is a son; Defendant C is a mother of the said Defendants.

B. From November 7, 2008, the Plaintiff entered into a steel supply contract with D and supplied steel bars. On April 15, 2010, the Plaintiff again entered into a contract for the supply of steel products with D (hereinafter “instant contract”) and Defendant A and B jointly and severally provided joint and several sureties (hereinafter “joint and several sureties”).

C. Under the instant contract, the Plaintiff supplied steel bars worth KRW 1,156,390,650 prior to the said Defendants’ joint and several sureties, and received the supply price of KRW 983,10,650 from D, and the supply price of KRW 173,290,00 at the time of the instant joint and several sureties. Since the instant joint and several sureties supplied steel bars worth KRW 181,225,00 until May 19, 2010, and received KRW 195,60,000 from D. At the time of the closing of the instant argument, D’s unpaid supply price obligation is KRW 158,915,00.

Defendant B donated the real estate listed in attached Form B (1) on June 3, 2010 to Defendant C, and the Daejeon District Court Branch of the same month on the grounds of the above gift agreement.

4. The registration of ownership transfer No. 4708, and the defendant A shall donate the real estate listed in the attached Table No. 4708 on the same day to the defendant C, and the Daejeon District Court Branching the same month based on the above donation contract.

4. Each registration for the transfer of ownership was completed on No. 4707.

[Attachment 1] and (2) In common referring to the real estate listed in the Schedule, “the instant real estate” refers to each of the above gift agreements, hereinafter referred to as “the instant gift agreement”). E.

On April 11, 2011, the Plaintiff completed provisional disposition registration No. 37554 on the instant real property, which was based on the Daejeon District Court Branch Decision 201Kadan1404, as to the instant real property.

【Ground of recognition】a dispute has not occurred.

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