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(영문) 광주지방법원순천지원 2020.01.30 2018가합12347
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “B”) entered into three contracts for the purchase of facilities (i.e., July 3, 2017; 3,209,635,000 won (the amount finally increased); (ii) December 1, 2017; and (iii) item F Clousen and Redbruer 6 equipment payment; (iv) January 3, 2018; and (v) project Vs for G projects, strawers, Inc., 2, 980,000,000 won (the contract date).

B. The Defendant C Co., Ltd. (hereinafter “C”) entered into two contracts for the purchase of facilities [12 sets, 2,934,260,000 won (the amount finally increased) for the item H projects on September 7, 2017, and 2,934,260,000 won (the date of the contract) between D and D,

C. D Co., Ltd. entered into with the Plaintiff for the performance of the above contract for the purchase of the above equipment products (i) three construction contracts with the Plaintiff for the performance of the contract for the purchase of the above equipment products (as of September 28, 2017; as of the contract date, S301-E, S302-E, S303-E1, S303-E 307-E1, S310-E/S330-F (205 Tron), contract amount of KRW 385,220,000, ② on December 19, 2017; (ii) IPEJECT: B-D601 and five-year productions, contract amount of KRW 556,490,00; and (iii) the contract date for the manufacture of the above equipment between the Plaintiff and the Plaintiff and the Plaintiff; (iv) the contract amount of the production of the above equipment for the manufacture of the production of the equipment 010-H2016,0164,200.

D was suspended from July 13, 2018 because it was impossible to settle bills whose maturity comes due on July 12, 2018.

The defendants have the right to remove the facilities between D's employees and creditors on July 15, 2018, which had been occupying the D's factory at the time of consultation with D's employees and creditors in order to take over the facilities being produced.

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