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(영문) 인천지방법원부천지원 2016.11.09 2016가합100583
물품대금
Text

1. The Defendant’s KRW 378,867,265 as well as 6% per annum from April 5, 2016 to November 9, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company B (hereinafter “Nonindicted Company”) from February 2, 2011 to April 13, 2015.

(2) On January 8, 2016, the above court rendered a ruling that “the non-party company will pay to the Plaintiff the amount of KRW 603,467,265,00,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00

B. On February 11, 2015, the Plaintiff concluded a contract to establish a collateral security right and completed the registration of the establishment of the collateral security right with respect to each machinery listed in the separate list with Nonparty Company as the maximum debt amount of KRW 700,000,000 with respect to each machinery listed in the separate list, in order to secure the payment of the above goods to Nonparty Company. 2) On July 15, 2015, the Plaintiff attached the claim against the Bank of Korea and the Korean National Bank Co., Ltd. as of July 16, 2015 in order to preserve the claim against Nonparty Company against the foregoing goods.

C. On October 2, 2015, the Plaintiff filed a claim for an auction on each machine listed in the separate sheet, based on the collateral security interest with respect to the non-party company on October 2, 2015. The auction procedure (government district court High Court Decision 2015No4592) proceeds from the sale of each machine listed in the separate sheet Nos. 1 through 9, and was paid KRW 209,600,000 out of the proceeds from the sale. 2) The Plaintiff was paid KRW 15,00,000 out of the proceeds from the provisional seizure of claims against the Industrial Bank of Korea and the Korean National Bank of Korea of the non-party company.

3) The amount of goods unpaid until now is KRW 378,867,265 (=603. 603)

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