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(영문) 서울중앙지방법원 2016.12.27 2015가단77067
물품대금
Text

1. Defendant C’s KRW 16,230,790 to Plaintiff A, and KRW 77,89,700 to Plaintiff B, as well as each of the said money.

Reasons

1. Determination as to the plaintiffs' claim for the purchase price of goods against Defendant C

A. The facts of recognition [based on recognition] 1 through 5 are as follows: (i) Plaintiff A supplied the construction materials equivalent to KRW 23,230,790 from October 2012 to June 2013 to Defendant C, the owner of which was the owner of the building in relation to construction works on the ground of land outside Jongno-gu Seoul, Jongno-gu, Seoul; and (ii) Defendant C paid KRW 7 million out of the price of the above materials to Plaintiff around April 3, 2013, and the remainder of KRW 16,230,790 remains.

B. As to the above construction work, Plaintiff C supplied the KTS Comprehensive Construction Co., Ltd. with iron bars worth KRW 122,89,700 from October 2012 to May 2013, 2013. Defendant C paid the Plaintiff Co., Ltd. a total of KRW 45 million out of the above steel bars around April 2013, and the remainder of KRW 77,89,700 remains.

B. According to the above facts of determination, Defendant C is obligated to pay to Plaintiff A the amount of KRW 16,230,790 for the remainder of the materials, KRW 77,89,700 for the joint and several surety payment for the remainder of the steel, and KRW 77,89,700 for the remainder of the steel to the Plaintiff Co., Ltd. from June 11, 2013 to May 20, 2015, which is the delivery date of a copy of the complaint of this case, 6% per annum under the Commercial Act, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. Judgment on the plaintiffs' claim for revocation of fraudulent act

A. The facts of recognition [based on recognition] 6-1 to 9, A7, and 8, and each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is owned by F, the debtor of the Defendant C, and F, with respect to each real estate of this case, the Suwon District Court No. 45475, Nov. 19, 2014, as the maximum debt amount of KRW 600,00,000,000, and the registration of creation of a mortgage over the debtor F, was completed.

(hereinafter referred to as each of the instant collective security rights). The Defendant C shall each of the instant collective security rights.

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