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(영문) 인천지방법원 부천지원 2018.10.19 2018가합373
물품대금
Text

1. The Defendant’s KRW 401,355,500 as well as 6% per annum from August 23, 2018 to October 19, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On March 22, 2012, the beneficial trade in the Plaintiff, the Defendant, and the Nonparty Co., Ltd. concluded an agreement (Evidence A No. 8) with Nonparty Co., Ltd., “A,” “B,” and “A” with the following content.

1. “B” shall enter into this Agreement and accept 361,60,455 won of the obligation to be paid by “A” to “B” as of March 22, 2012.

2. The repayment of the amount of debts underwritten shall be made monthly in accordance with a separate repayment plan;

Provided, That the amount of entrance may be changed depending on the circumstances.

3. In principle, the price for products purchased from “B” after March 22, 2012 shall be paid in cash as of the end of the following month after the end of the month.

4. “B” shall grant “B” a real estate collateral security to “B” until the debt amount taken over to “B” is fully repaid.

Provided, That when the repayment of debts is completed, it shall be restored to the original state.

5. Where the establishment of a collateral on real estate is to be traded, it shall be set aside without any condition, and it shall be replaced by real estate and other methods corresponding to the amount of obligation; and

B. The above A.

Pursuant to the agreement set out in the claim, with respect to the land and above ground buildings on the Dopo-ri 216-25 Dopo-ri, Gopo-ri, Gopo-si, Kimpo-si, Kimpo-si, Kimpo-si, the establishment registration of the mortgage was completed on May 30, 2012, the maximum debt amount of KRW 500,000,000, the debtor, the defendant, and the plaintiff of the right to collateral security.

C. The plaintiff is the above A.

As of March 2012, among the Defendant’s debt acquisition amount according to the agreement entered in the clause, KRW 329,354,875, which is the remaining amount, was treated as the outstanding amount for the Defendant, and was appropriated as the amount in attached Form 329,354,875 in the column for “the subscribed amount” in the list of the details of sales and the current status of claims from March to December 14 2012.

Since then, from March 2012 to May 2015, the Plaintiff: (a) attached Table 2012 to March 2012 to December 14, 2012 to the Defendant; and (b) the list of the sales details and the current status of claims, and the list of the sales details and the current status of claims, respectively.

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