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(영문) 수원지방법원 안산지원 2018.11.30 2018가단60314
물품대금
Text

1. As to the Plaintiff KRW 46,907,291, and KRW 5,00,000 among them, the Defendant shall pay to the Plaintiff KRW 5,00,000 from July 1, 2015.

Reasons

1. Facts of recognition;

A. From August 2009, the Plaintiff entered into a contract for the supply of goods for the lease (hereinafter “instant contract”) with the Stheme Housing Co., Ltd. (hereinafter “instant company”) from around August 2009, and supplied goods to the said company. The Defendant, who was the representative director of the instant company, jointly and severally guaranteed the obligation for the payment of goods.

B. While the payment of the price of goods under the instant contract was delayed, on March 28, 2011, the Defendant drafted and issued to the Plaintiff a written confirmation stating that “The Defendant promised to pay not less than KRW 137,407,291, which occurred from May 2010 according to the instant contract, to pay not less than KRW 1,00,000 each month from June 201.”

C. After the preparation of a written confirmation, the Plaintiff filed an application with the Defendant for a payment order seeking payment of KRW 132,907,291 payable amount against the Defendant, and filed an application for provisional attachment against the Defendant’s real estate with the claim claim.

On September 5, 2012, the provisional attachment was decided on September 5, 2012 (Seoul Central District Court 2012Kadan3603) and the payment order (U.S. District Court 2012Kadan1095).

E. On January 7, 2013, when the defendant had pending a lawsuit following the defendant's filing of objection, the plaintiff and the defendant agreed on the debt repayment plan as follows (hereinafter "the agreement of this case"), and the plaintiff voluntarily withdrawn the application for provisional seizure and payment order of the above real estate.

B confirms that the amount of KRW 131,907,291 incurred from transactions between the Plaintiff (Plaintiff) is unpaid.

Subject to withdrawal of the real estate provisional attachment (Seoul Central District Court 2012Kadan3603) and the payment order (U.S. District Court 2012 tea 1095) of the New Mine Co., Ltd., the guarantor (Defendant) under the condition that B shall repay the amount of the goods unpaid to B in the following schedule:

Provisional attachment and payment order for the amount of the date.

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