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(영문) 대전지방법원천안지원 2019.07.19 2018가합104323
물품대금
Text

1. The Defendant’s KRW 106,760,330 as well as the Plaintiff’s annual 6% from October 4, 2018 to July 19, 2019, and the following.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company established pursuant to the Japanese law for the purpose of printing, processing, selling, manufacturing, and selling cryp sets, and selling cryp sets. The Defendant is a company established for the purpose of printing, manufacturing, wholesale, retail, etc. of cryp sets (the trade name before being changed on January 3, 2018 is a stock company and “Defendant” without distinction before and after the change of trade name.

(2) The Plaintiff and the Defendant entered into the contact tape supply contract, and the Plaintiff supplied the Defendant with contact tapes equivalent to the amount of 29,579,808 UN from August 26, 2016 to July 24, 2017.

3) The Plaintiff’s claim for the price of the instant goods is KRW 1,090 in Japan. (b) The Plaintiff sent to the Defendant a certificate of demanding the payment of the price of the instant goods 29,579,808 UN (hereinafter “the price of the instant goods”) on September 3, 2018, stating that “the full payment of the price of the instant goods shall be made within 30 days” and “the submission of a repayment plan shall be made for the remainder after the payment of the price of the instant goods is not made within 30 days,” and that “the payment plan shall be submitted for the remainder after the payment of the price of the instant goods is made within 30 days.” On September 4, 2018, the above content certification reached the Defendant.

2) On November 11, 2018, the Plaintiff: (a) obtained a provisional attachment order on the claim amounting to KRW 298,202,918 as the right to preserve the instant goods; and (b) obtained a provisional attachment order on the Defendant’s claim amounting to KRW 298,202,918 (Seoul District Court Decision 2018Kadan1234). (c) On January 3, 2018, the Plaintiff entered into a share acquisition agreement with E and the Defendant’s total number of shares issued by the Plaintiff at KRW 20,000 (hereinafter “instant share acquisition agreement”); (c) stated that the credit purchase amount as of December 31, 2017 as of December 31, 2017 was KRW 157,63,860.

2. At the time of entering into the instant stock acquisition agreement.

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