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(영문) 대전고등법원(청주) 2015.04.21 2014나1172
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. (1) From April 7, 2011, the Defendant supplied 26.4 billion won in total to E from around April 7, 2011 to E, and the supply was suspended on August 19, 2011, while the Defendant did not receive the price for the goods equivalent to KRW 13.2 billion. (2) On June 201, the Defendant entered into an agreement with E to supply money further to E and provide the Defendant with additional security to secure the claim for the payment for the goods to E. (hereinafter “E”).

3) On June 19, 2012, E: (a) the Defendant: (b) the right to collateral security of five parcels of land, including Kimpo-si, Kimpo-si; (c) on June 22, 2012, the right to collateral security of KRW 2 billion with respect to five parcels of land, including Goyang-gu, Goyang-gu, Goyang-gu; and (d) the right to collateral security of KRW 83,274,260 with respect to five parcels of land; and (c) the Defendant was supplied with money worth of KRW 83,274,260 with respect to the land of KRW 83,260 with respect to the road, around June 21, 2012 (a warehouse owned by the Defendant (hereinafter “instant warehouse”).

) On the 22th of the same month, the said money was supplied to E.

5) On the other hand, the defendant issued the attached sheet to E (hereinafter referred to as the "attached sheet") by the defendant.

2) Each of the instant cats stated (hereinafter referred to as “instant cats”).

(B) On July 25, 2012, E drafted a detailed list of transactions to the effect that the Plaintiff supplied money, and on July 25, 2012, E set a collateral of KRW 5.5 billion with respect to the land, such as Gyeonggi-gun S. B. The Defendant’s president, I and the Plaintiff, entered into a contract between the Plaintiff and the Plaintiff, and the Plaintiff’s supply of money, etc. (1) The head of the Plaintiff’s livestock product support center leader requested the Defendant to supply money from I on April 2012. On June 25, 2012, E visited the Defendant’s office together with the Plaintiff’s livestock product support intervenor B (hereinafter “participating”).

2 The intervenor, H, and I and the plaintiff on his job on credit to the defendant.

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