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(영문) 광주지방법원 2016.07.22 2015가단528746
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 4, 2014, the Defendant entered into a contract for the supply of molds (hereinafter “instant commodity supply contract”) with Gyeonghae Co., Ltd., and the main contents thereof are as follows.

(1) The defendant set the "domestic red powder powder" as 10,000 g (monthly), unit price of 17,000 g (1kg) and contract price of 170,000,000 won (monthly) and supply them monthly for 12 months.

(1) (2) The defendant shall deposit KRW 200,000,000 as the special business expenses of the Gyeong Sea Co., Ltd. to the account (financial institutions: National Bank D, Deposit Holder: E) designated by the Gyeonghae by August 9, 2014.

(3) The terms of this Agreement shall enter into force on the date of the conclusion of this Agreement.

Between one month to two months from the time of completion of the payment of KRW 200,000,000 above, the first order shall be given to the corporation and the contract period shall be from the time of completion of the supply of the goods under the last 12 order and the final price for supply of the goods shall be from the time of completion of the payment.

(3)(4) If the contract is unilaterally terminated, the Corporation shall pay to the Defendant the amount equal to KRW 200,000,000 for business activity costs to the Defendant immediately after the contract is terminated.

(Article 10(2)(5) With respect to the obligation to pay an amount of KRW 200,000,000 in the ordinary Sea Co., Ltd., the E and the Plaintiffs are joint and several sureties.

(Article X, Section 3). (b)

The Plaintiffs jointly and severally guaranteed the obligation to pay the amount of KRW 200,000,000,000 in light of the ordinary sea Co., Ltd. under the instant goods supply contract.

(Plaintiffs recognized the authenticity of No. 1).

From June 13, 2014 to December 11, 2014, the Defendant paid 200,000,000 won for business activities under the instant goods supply contract through the accounts designated by Gyeonghae Co., Ltd. or E.

D. On February 3, 2015, the Defendant expressed his/her intent to terminate the instant goods supply contract to the Defendant on or before the date of the issuance of the goods under the instant goods supply contract.

(e).

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