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(영문) 서울중앙지방법원 2016.11.17 2015가합558792
물품대금등
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 940,274,173 as well as its annual interest from October 31, 2015 to January 13, 2016.

Reasons

1. Determination as to the claim against Defendant A corporation

(a)as shown in the reasons for the attachment of the claim;

(other than part against C by the administrator of the Defendant’s Debtor Rehabilitation Corporation B)

Article 208(3)3 of the Civil Procedure Act (Judgment by service) of the applicable provisions of Acts

2. Determination as to the claim against C by the Defendant’s Debtor Rehabilitation and Medical Corporation B

A. Basic facts 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”) on August 24, 2009.

between the food supply contract and the following (hereinafter referred to as “instant food supply contract”):

A) Around that time, the Plaintiff supplied food materials to Defendant A. Article 5 (Method of Settlement of Prices and Guarantee of Payment)

1. The plaintiff shall adjust the product price supplied to the defendant A by the end of each month and claim against the defendant A.

2. Defendant A shall deposit the amount under paragraph 1 into the account designated by the Plaintiff not later than 60 days after the end of the month.

3. The plaintiff may terminate the contract when the defendant A delays the price.

4. In order to guarantee the payment of the price by Defendant A, the Plaintiff may request the preservation of the security and other claims, and if an agreement is not reached, the Plaintiff may terminate the contract.

Article 6 (Term of Contract) The term of validity of this Agreement shall be from August 24, 2009 to August 23, 2010, and shall be from August 23, 2010 to where there is no notification by a document or wire between the defendant A and the plaintiff as to whether the contract is renewed one month prior to the expiration of the term of contract, this Agreement shall be automatically extended under the same conditions.

2) A medical corporation B (hereinafter “B”) during which the instant food supply contract was automatically extended and maintained even after the term of the contract was terminated.

(1) On April 1, 2015, Defendant A’s joint and several sureties agreement between the Plaintiff and Defendant A (hereinafter “instant joint and several sureties agreement”).

(1) the principal

Details are as follows:

1. Transactions with the Plaintiff that Defendant A bears with respect to the Plaintiff.

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