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(영문) 대구지방법원서부지원 2014.08.28 2014가합438
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 130,670,250 and the interest rate thereon from November 1, 2012 to the date of full payment.

Reasons

1. On October 23, 2012, the Plaintiff is a legal entity that manufactures and sells gold and silver products. Defendant A is a person who manufactures and sells gold and silver products under the trade name of Defendant C. On October 23, 2012, the Plaintiff and Defendant A entered into an agreement with the following (hereinafter “instant agreement”), and Defendant B jointly and severally guaranteed the Defendant A’s obligation.

Article 1 (Details of Obligations) Gold-type production costs and prices of supply of products shall be separately determined and arranged.

1. The Defendant A (Defendant A) recognizes any balance unpaid from the product price supplied by Byung as KRW 385,00,000, which is confirmed and recognized by both parties based on the transaction data;

2.C Recognizing that the gold-making price collected from A is KRW 127,00,000, which is confirmed by both parties on the basis of the specification of transactions, and Byung recognizes that this amount shall be paid to A as provided for in Article II, Section 2.

3. Sick recognizes that Gap has completed the payment of 200,000,000 won for the already completed gold penalty.

4.A shall recognize the amount of paragraphs 1 and 2 of Article 1 and, from the date of signing and sealing this letter of commitment, transfer to C the ownership and rights for all the gold-type gold-type and 33 kinds of equipment and materials owned by C as specified in the letter of waiver of gold.

Article 2 (Method of Payment, Performance, and Terms of Transaction for Obligations)

1. The balance unpaid as referred to in paragraph (1) of Article 1 shall be sold within a prompt time as soon as good faith and shall be paid first to Byung part of the remainder due to the total sales proceeds of the inventory goods, and the remainder of the remainder due shall be paid first within six months from the date of signing and sealing this Agreement.

2.C. C. In respect of the gold-type production costs as provided for in Section 1, Section 2, A shall carry out this Agreement.

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