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Reasons
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(영문) 수원지방법원성남지원 2017.07.26 2016가단25859
물품대금
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1. The Defendants shall jointly and severally serve as KRW 10,437,322 on the Plaintiff and as a result, from November 8, 2015 to July 26, 2017.

Reasons

1. Basic facts

A. On October 4, 2013, the Plaintiff entered into a contract for the supply of goods with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the content that the Plaintiff supplies the steel products to the Defendant Co., Ltd., and Defendant B jointly and severally guaranteed the Defendant Co., Ltd’s obligations under the said supply contract.

Until September 30, 2014, the Plaintiff and the Defendant Company continued to engage in the supply of goods until September 30, 2014. The price of goods that the Defendant Company failed to pay to the Plaintiff is KRW 107,629,750

B. On November 7, 2014, the Plaintiff entered into an agreement with the Defendants on the following terms.

1. “B (Defendants; hereinafter the same shall apply)” shall grant 47,500,000 won as security for the price of goods to “A (Plaintiffs; hereinafter the same shall apply)” in a notarized manner.

(Provided, however, that if the full amount of the purchase price of the goods (refinites) is repaid in accordance with this Agreement, "B" shall pay to "B" three copies of promissory notes (120,282,00,000 won, 21,191,940 won, 61,081,240 won, and 61,082,052 won, which are promissory notes issued by "B", a company with the decision of approval of rehabilitation.

(Provided, “A” shall be deemed to be a business entity of “A” for sales to be incurred in the construction site (construction site) in which the Ulsan Construction Co., Ltd. proceed with the total amount of KRW 107,629,742, and “A” shall be deemed to be a business entity of “A,” and “A” shall be deemed to be responsible for the supply of goods at the Ulsan Construction site.

4. “A” and “B” shall settle the accounts of 50% of the proceeds from steel bars supplied at the Ulsan Construction Site with the redemption of the proceeds from the instant goods, and the remainder of 50% shall be paid to the person designated by “B” or “B.”

5. The fact that “A” succeeds to the status of “B” in the rehabilitation repayment plan according to the decision to authorize the rehabilitation of “B” in accordance with the decision to authorize the rehabilitation of “B” and “B” acquires the right of “B”.

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