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(영문) 서울중앙지방법원 2015.07.03 2014가합54606
물품대금
Text

1. The Defendant’s KRW 240,691,70 for the Plaintiff and KRW 6% per annum from November 1, 2013 to May 29, 2015 for the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a company aimed at Internet distribution business, agency business, etc., and the Defendant is a company with the purpose of distributing, processing, and selling agricultural products. 2) The Plaintiff created a claim for the price of goods with respect to the transaction of over-the-counter goods with the Non-Party Dispute Resolution Co., Ltd. on August 29, 2013. On August 29, 2013, the Defendant entered into an agreement with the Plaintiff to directly pay KRW 240,691,700 out of the price of the goods (hereinafter “instant agreement”) to the Plaintiff by October 31, 2013, and to set up a collateral security agreement to secure this real estate (hereinafter “instant agreement”).

(A) Pursuant to the instant agreement on August 29, 2013, the Defendant, on August 29, 2013, transferred 1135 square meters of land to the Plaintiff on September 24, 2013 (204 square meters of land subsequent to the division on September 24, 2013, as the said forest was transferred to 139-15 square meters of land in the Seocho-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

() As to the same Ri 139-8 Forest Land, 1123 square meters, 139-9 Forest Land, 1107 square meters per annum, the Suwon District Court Sung-nam Branch of the Sungnam Branch of the Sung-gu District Court on August 29, 2013, the maximum debt amount of KRW 240,691,700 (the amount of the instant arrangement is the same as the maximum debt amount) as the amount of the instant arrangement.

) The establishment registration of the right to collateral security was completed with the debtor, the defendant, and the plaintiff of the right to collateral security. [The facts that there is no dispute over the grounds for recognition, Gap evidence 1, Eul evidence 2-1 to 3, and the purport of the whole pleadings.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 240,691,700 of the instant agreement and damages for delay at each rate of 6% per annum prescribed by the Commercial Act from November 1, 2013 to May 29, 2015, the following day after the due date for payment, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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