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(영문) 전주지방법원 2018.11.28 2017가합2150
물품대금
Text

1. The Plaintiff, Defendant C and D shall be jointly and severally 415,163,419 won, and Defendant C and D shall be jointly and severally and severally with Defendant C and D.

Reasons

1. Basic facts

A. On October 5, 2016, the Plaintiff and the Incorporated Agricultural Company E (hereinafter “E”) entered into a livestock product supply contract with the Defendant Company B (hereinafter “Defendant Company”) and agreed to supply land for one year from the date of the contract, and Defendant C signed and sealed it as the guarantor for the primary contract.

In the first contract, the defendant company agreed to pay 200,000,000 as advance payment of land price to the plaintiff and E.

B. The Plaintiff, F, and Defendant Company entered into an agreement on November 16, 2016, and agreed to set up a collateral security right in the name of the Plaintiff on the said real estate, by paying the loans received as collateral real estate owned by F, to the Defendant Company as the advance payment for the land price that the Defendant Company would pay to the Plaintiff.

C. On November 23, 2016, the Plaintiff and E concluded a re-contract for the supply of livestock products with the Defendant Company (hereinafter “the second contract”) and agreed to supply land from November 23, 2016 to March 22, 2020, and Defendant C signed and sealed both the general actors and the guarantor.

In the second contract, the defendant company agreed to pay 1,500,000,000 won as advance payment of land price to the plaintiff and E in three installments.

On January 22, 2017, the Plaintiff and E, on Defendant C (the name of the Defendant Company was stated in the contract but the seal imprint was not affixed, and on the name of the Defendant Company’s representative, the writing of “offender C” and the seal imprint was affixed thereto) and the Plaintiff Company G (hereinafter “G”) and the livestock product supply contract (hereinafter “third-party contract”).

A) Upon entering into the agreement between January 1, 2017 and January 1, 2018, the land was supplied, and the land price was confirmed to include KRW 397,606,919 of the outstanding amount of the Defendant Company (Article 5(3) and Appendix 1.3, Defendant D signed and sealed as the guarantor, Defendant C as the guarantor, and general actors, and Defendant C guaranteed the payment of the land price.

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