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(영문) 수원지방법원 2016.11.24 2015가합5609
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 253,042,360 and the interest rate of KRW 15% per annum from August 2, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that manufactures and sells the pre-paid gold bullion, and the Defendant is engaged in the sales business of the pre-paid gold bullion, etc. under the trade name of “B.”

(원고의 상호는 로얄동도금속 주식회사에서 로얄토토 주식회사로, 그 후 로얄앤컴퍼니 주식회사로 변경되었고, ‘B’의 변경 전 상호는 ‘C’이다). 나.

D (C) Around 2002, the Plaintiff entered into a contract for goods supply with the content that the Plaintiff would be provided with water and bath goods, etc., and on April 24, 2002, in order to secure the obligation arising from the contract for goods supply, the Plaintiff created a right to collateral security of KRW 100 million with respect to the Busan Shipping and Daegu Apartment 108, 1503 (hereinafter “the instant apartment”).

C. Around December 2005, D changed C’s business registration name to the Defendant’s name. Around that time, the Plaintiff entered into a contract for the change of collateral security with D and the Defendant, and the main contents thereof are as follows.

A contract for modification of the right to collateral security (Acceptance of Dual Contract)

1. On April 24, 2002, the defendant agreed to take over the instant apartment under the same condition that the plaintiff, the debtor and the person who created the right to collateral security against the registered collateral security (No. 42246) was registered with the Busan District Court's Dong Branch on April 24, 2002.

2. The Plaintiff, the Defendant, and D are fully consenting and continue to maintain the said right to collateral security with respect to the new debt incurred by the Defendant’s continuous transaction with the Plaintiff within the maximum amount of the above right to collateral security.

On July 9, 2014, the Defendant issued a written confirmation to recognize that the Plaintiff was unable to pay the price for the goods in time and to the effect that the payment will be made in the future, and on February 25, 2015, the outstanding balance certificate is written.

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