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(영문) 광주지방법원 2016.12.21 2015가단517876
근저당권말소
Text

1. Regarding the sales contract between Plaintiff B and the Defendant on December 3, 2014, Plaintiff B’s obligation against the Defendant on December 3, 2014.

Reasons

1. Basic facts

A. Plaintiff B is engaged in the key wholesale distribution business in Gwangju Northern-gu, and Plaintiff C (hereinafter “Plaintiff C”) is a company engaged in the business of manufacturing electricity, electronic, telecommunications equipment, and the business of developing, researching, and selling electronic fish, and Plaintiff A is an internal director of Plaintiff C.

The defendant is a company that produces digital products in Pyeongtaek-si, such as digital painting, construction materials, hardware, and Lone Stars.

B. On December 3, 2014, Plaintiff B and the Defendant concluded a sales agency contract with the following terms (hereinafter “instant sales agency contract”), and the issuance of a tax invoice was decided to be made in the future Plaintiff C.

① The sale of Plaintiff B and A/S control area are Jeonnam-do, Gwangju-do, and A/S control in the region to the maximum extent possible to customers.

(2) The goods presented by the defendant under contract shall be traded.

The delivery of goods shall be sent on a door-to-door basis, and the expenses shall be borne by the defendant.

3. The plaintiff B shall be appointed from among guarantee insurance or security goods at least 50 million won in order to guarantee the supply amount.

The settlement of goods shall be the last day of each month, the tenth day of the following month, and the settlement day.

④ Defect goods and inventories of the Plaintiff B’s reasons for liability are not required to be exchanged and returned, and goods recovered from their customers may be exchanged and returned to the extent recognized by the Defendant pursuant to the Defendant’s business policy.

5. This contract shall be one year thereafter, and may be extended one month prior to the expiration of the contract period by an agreement between the defendant and the plaintiff B.

6. The settlement of accounts shall not exceed one month after the expiration of the contract period when the contract period is terminated due to the Plaintiff B’s intentional violation of contract or inevitable reasons.

C. On December 2, 2014, Plaintiff A concluded a mortgage contract with the Defendant regarding the Plaintiff’s obligation arising out of the said contract, and provided each real estate listed in the separate sheet owned by oneself as a physical collateral.

The defendant from November 4, 2014 to Plaintiff B.

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