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(영문) 광주고등법원(전주) 2019.12.19 2019나10250
부인의소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 1,296.

Reasons

1. Facts of recognition;

A. Status A 1) A Co., Ltd. (hereinafter “debtor”)

A) The company is engaged in the manufacture and sale of automobile parts, and the Defendant is D Co., Ltd. (hereinafter “D”).

) The primary agent supplied with steel products is a company engaged in steel product processing, manufacturing, and marketing. 2) The debtor company supplied steel products produced by D from the Defendant, processed them into the pipe of automobile parts, and supplied them to FF corporation via D.

B. On May 16, 2012, the debtor company entered into a supply contract with the defendant and made payment for goods in bills, etc. The main contents of the supply contract are as follows. ① The ceiling on the purchase price of credit goods is set at KRW 2.4 billion, and the defendant may reduce the limit when the debtor company delays the payment of the purchase price or when any other ground for the aggravation of credit arises. The unit price for the supply of the goods under Article 3 (unit price for supply) shall be set at the F- lower-level unit price. ② Article 4 (Delivery and Settlement Conditions) (2) The payment of the purchase price is set at cash sales conditions or promissory notes (including bills, the number of shares, household checks, cover notes, etc.).

(2) The debtor company requested the Defendant to extend the due date of the bill of exchange on June 2016 when the due date for the settlement of the price for the goods on a sale basis or by a promissory note, etc., but the due date for the settlement is no longer than 90 days after the end of each month. 2) When the due date for the debtor company, which arrives as of July 2, 2016, is unable to make the settlement of the due date, the debtor company requested the Defendant to extend the due date for the bill of exchange on June 2016, and the Defendant demanded the debtor company to provide collateral.

3. Accordingly, on July 1, 2016, the obligor company shall set the obligor’s obligation to the Defendant with respect to the sales claim against D, as the secured obligation, as the secured obligation.

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