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(영문) 인천지방법원 2017.07.07 2016나63661
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From July 31, 2014, to October 31, 2014, the Plaintiff supplied goods to Dable Oil Co., Ltd. (hereinafter “Dable Oil”), and on October 31, 2014, the Plaintiff’s obligation to purchase goods against the Plaintiff by Dable Oil is KRW 66,186,120.

B. On November 7, 2014, when he/she experienced difficulties in management due to competition depression, etc., he/she requested creditors, including the Plaintiff, including the creditors to attend the meeting on November 11, 2014.

C. On November 11, 2014, the Defendant (around August 3, 2015, the name of the Defendant was changed from the processing industry to the trade name as of August 3, 2015; hereinafter the same shall also apply) and the dibrician, prepared and delivered the following written consent (hereinafter “instant consent”), and the Plaintiff’s B signed the said written consent.

On October 31, 2014, due to the default of the bill by the LABD SBD, the consent to 50% of the amount of credit as of October 31, 2014.

Claims against the remaining 50% shall be agreed to the disposal as follows, and shall also be agreed to the smooth supply of materials to the business operator newly commencing after the vehicle.

(A) At the time of consent of 100%, the entry of the written consent (Evidence (Evidence (No. 3) shall be cited as it is, however, the same shall apply) 1 time 25% at November 21, 2014, 25% at 25% at 3 times December 21, 2015 at 25% on March 21, 2015, 25% at 25% on March 21, 2015 at 25% on March 21, 2015.

November 11, 2014

D. After November 21, 2014, the Defendant paid KRW 8,262,995 to the Plaintiff.

【Fact-finding without a dispute over the ground for recognition】 Each entry of Gap's evidence of subparagraphs 1 through 4 (including a branch number for those with a branch number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the Plaintiff’s assertion as to the Defendant’s assertion of performance of joint and several obligations under the instant written consent.

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