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(영문) 서울동부지방법원 2017.05.24 2014가합102034
물품대금
Text

1. Defendant A and B jointly and severally agreed on KRW 453,736,489 against the Plaintiff and the Plaintiff from October 31, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s preserved claim 1) The Plaintiff is a company that engages in the export and import business and processing business of agricultural and livestock products; Defendant A Co., Ltd. (hereinafter “Defendant A”); and other companies are also exempt from the entry of “stock company.”

(2) As of July 18, 2013, the Plaintiff concluded a livestock product supply contract and supplied livestock products. (3) As of July 18, 2013, the Plaintiff had a claim for the amount of KRW 453,736,489 against Defendant A, but on the same day, Defendant B, the representative director of Defendant A, guaranteed the obligation for the amount of the said goods.

B. Defendant B’s disposition 1) Defendant B’s real estate indicated in the separate sheet on September 5, 2012 (hereinafter “instant real estate”).

(2) On July 8, 2013, Defendant B and F concluded a provisional registration of the right to claim the transfer of all co-owners’ shares (hereinafter “instant provisional registration”) on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”) on July 8, 2013 with respect to the instant real estate to Defendant C on July 8, 2013.

3) On July 31, 2013, Defendant C and D entered into a sales contract with Defendant B and F for the instant real estate purchase price of KRW 2,200,000,000 (Defendant C Shares 7/10, Defendant D Shares 3/10, and hereinafter “instant sales contract”).

On August 16, 2013, Defendant C completed the provisional registration of partial transfer of the right to claim ownership transfer with respect to 3/10 shares of the instant provisional registration against Defendant D on August 16, 2013. (4) Defendant B and F completed the registration of ownership transfer with respect to 7/20 shares for Defendant C among the shares of 1/2 shares of each of the instant provisional registration with respect to the instant real estate on August 16, 2013, and 3/20 shares for Defendant D, respectively, based on the provisional registration of this case.

C. On August 22, 2006, on August 22, 2006, Defendant A Bank of Korea 312,000,000,000 on August 22, 2006, on the date of receipt of the order of priority of collateral security established as to the instant real estate. Defendant A on March 17, 2009.

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