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(영문) 인천지방법원 2017.04.26 2015가단233097
보증채무금등
Text

1. The defendant shall pay 131,624,00 won to the plaintiff and 15% per annum from December 16, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant concluded a contract for the transaction of goods to resolve the instant lawsuit on September 24, 2016 where the instant lawsuit (the Plaintiff’s lawsuit seeking monetary payment equivalent to the same amount in lieu of the final supply of KRW 170 million against the Defendant) is pending.

B. The main contents of the above commodity transaction agreement are as follows.

As of the date of this contract under Paragraph 2 of Article 1, as of the date of this contract, the defendant is not in possession of bylaws, and thus is not able to pay to the plaintiff a reasonable amount of KRW 170 million.

There is about one billion won in the open book located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and the defendant acts as a broker for the plaintiff and pays KRW 170 million with the brokerage commission to the plaintiff.

Article 2(2) Preliminary sand shall be fully purchased until December 31, 2016.

However, there may be an additional period of four months when a civil petition, natural disaster, or unavoidable circumstance recognized by the parties occurs to a neighboring resident in the open area.

Article 7 The defendant shall pay in cash the unpaid portion in the event of a exhaustion in the field of the full payment before the full payment is made, and if the balance is not paid, the lawsuit for the debt guarantee for the balance shall continue to be filed in cash, not in kind.

C. The Plaintiff, as a broker of the Defendant, carried out ordinary yarns from the above bonded area and began to supply them for industrial purposes. However, it was impossible to use them for industrial purposes because it was the land restoration project for fish farms.

Accordingly, the defendant submitted to the Seosan Viewer a letter that the sand of the above camping site will be taken out only until December 15, 2016, and the plaintiff did not take out the sand thereafter.

During the period of sand removal by the defendant's brokerage, the defendant's brokerage commission is 38,376,00 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 20 to 25, purport of whole pleadings

2. According to the above facts of recognition, the defendant can not take out and sell them for industry.

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