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(영문) 대전지방법원 논산지원 2018.02.21 2016가단21950
물품대금
Text

1. The Defendants jointly pay to the Plaintiff KRW 96,473,780 and the interest rate thereon from January 20, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant C, under the trade name of “B, engaged in the distribution and sale of functional health foods, etc., and established Defendant B Co., Ltd. (hereinafter “Defendant Company”) on April 11, 2014, is a person who serves as the representative director, and the Plaintiff is a company for the purpose of manufacturing and selling medicines.

B. Defendant C entered into a continuous supply contract (hereinafter “instant contract”) with the Plaintiff to be supplied with functional health foods, etc. in the original trademark attachment method (OEM) and manufacturer development and production method (ODM). Defendant C established the Defendant Company and was supplied with goods in the same content as the instant contract following the previous transaction.

C. After the conclusion of the instant contract, Defendant C entered into an agency contract with D Co., Ltd. (hereinafter “D”) on January 2013, and completed the registration of the creation of a collateral security (hereinafter “mortgage 1”) with the mortgagee C with respect to the Flue-gu in Busan, Busan, which is jointly owned by E, the actual operator of D and D, on January 11, 2013, for the purpose of securing the obligation to pay goods to Defendant C, as well as the establishment of a collateral security (hereinafter “mortgage 1”) with respect to the property of KRW 306 square meters in size and its ground and the third floor above the ground and the third floor above the ground (hereinafter “real estate”) owned by D and D.

Defendant C entered into an agency contract with G around that time, and completed on January 2, 2013, the registration of the creation of a mortgage (hereinafter “second collateral mortgage”) with respect to H apartment I owned by G on the Busan Shipping Daegu (hereinafter “second immovable property”) with the maximum debt amount of KRW 100 million and the mortgage (hereinafter “second collateral mortgage”) with the mortgagee C.

On January 14, 2013, Defendant C transferred each of the secured claims of the first and second secured claims set forth in the first and second secured claims on January 14, 2013 to the Plaintiff in order to secure the obligation to pay the price for the goods to the Plaintiff under the instant contract, and completed the supplementary registration of the transfer of the right to collateral security by changing each of the secured claims of the first and second secured claims to the Plaintiff.

E. On July 3, 2013, Defendant C sold inventory of J, K, and L products to the Plaintiff and settled the price.

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