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(영문) 서울남부지방법원 2017.04.20 2016가합2940
물품대금
Text

1. Defendant B and C jointly and severally with the Plaintiff as to KRW 1,44,671,39 and KRW 1,436,448,204 among themselves.

Reasons

(c)provide the security;

3. A and B agree to redeem the repayment amount as follows:

(1) Eul shall pay in full the amount of the reimbursement paid in equal installments over the last day of January, the last day of February, the last day of March, the last day of April, the last day of April, and the last day of April and the last day of April and the last day of April.

(2) Eul shall pay in full the amount of redemption billions (400,000,000) in equal installments over the end of May, June, July, July, and three months.

Article 3 (Security)

1. Offering a security.

1) A collateral security shall be established and granted to A by the end of January, 2016 for factories (such as land, buildings, factories, stock holdings, etc.) located in Gyeonggi-do E, F2), G, G, 2, G, and (ii) in the G, Sung-si, Gyeonggi-do, by the end of January 2016.

2. The owners C and D of the above property agree to provide collateral necessary for the creation of a collateral security.

D, a co-owner of the G goods above, shall offer all the shares in possession as security.

No joint liability shall be borne with respect to any debt incurred between Hea or shea and B.

* The collateral offerer shall submit a certificate of personal seal impression.

C. As of March 31, 2016, the amount of unpaid goods and the amount of debt for the goods unpaid to the Plaintiff by the Defendant Company was KRW 1,516,291,953, and the Plaintiff received, as of January 3, 2017, KRW 130,000,000 in the name of Defendant C and D, and KRW 5,00,000 in the name of Defendant C on February 28, 2017, respectively.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 6, 10, 11, and the purport of the whole pleadings

2. The parties' assertion

A. The amount of credit on which the Plaintiff had not supplied steel products to the Defendant Company remains in KRW 1,516,291,953 as of March 31, 2016, which was the last transaction date, and Defendant C and D jointly and severally guaranteed the obligation to pay the above goods to the Plaintiff of the Defendant Company. As such, the Defendants jointly and severally agreed on the Plaintiff as the amount of KRW 1,516,291,953 as of April 1, 2016 and the date of the last transaction following the date of the instant payment order.

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