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(영문) 부산지방법원 2015.02.13 2014가합42625
구상금등
Text

1. Defendant A Co., Ltd. and Defendant B, jointly and severally, shall be KRW 500,000,000 to the Plaintiff, and the aforementioned amount shall be from October 1, 2012 to October 2014.

Reasons

1. Basic facts

A. The party-related Plaintiff is a company that engages in the export and entry business of scrap metal, non-ferrous metals, scrap scrap, etc., and Defendant A is a company that engages in steel and non-ferrous wholesale business, and Defendant B is the largest shareholder of Defendant A, and Defendant DDR, Defendant C Co., Ltd. (hereinafter “C”) jointly and severally guaranteed by Defendant A (hereinafter “C”).

B. On April 12, 2011, the Plaintiff paid KRW 500 million to Defendant A as advance payment under a contract for supply of scrap iron, non-ferrouss, and Leptos, but thereafter, Defendant A did not supply the said goods, and Defendant A agreed on September 30, 201 and interest at a rate of 6% per annum when the maturity period for repayment was changed to Defendant B’s loan. Defendant A jointly and severally guaranteed this.

C. On March 6, 2012, Defendant A jointly and severally guaranteed the obligation to pay for the goods to Defendant DC, and concluded a mortgage agreement of KRW 700 million with respect to the instant real estate (hereinafter “instant mortgage agreement”) with respect to the instant real estate on March 6, 2012.

(2) On September 5, 2011, Defendant A signed a mortgage agreement of KRW 1.5 billion with respect to the instant real estate on April 22, 2012, with the agreement to set up a mortgage on the real estate owned by the Defendant A under the understanding of Defendant Yangyang Metal, while jointly and severally guaranteeing the obligation for the payment of goods to Defendant Namyang Metal, which was received on the same day from the Busan District Court’s Northern Branch Office, and concluded a mortgage agreement of KRW 1.5 billion with respect to the instant real estate on April 22, 2012 (hereinafter “instant mortgage agreement”). On April 23, 2012, Defendant A signed a mortgage agreement of KRW 2960 on April 23, 2012 with the Busan District Court’s Northern Branch Office, which was received on April 23, 2012.

3) On April 20, 2012, Defendant A jointly and severally guaranteed the obligation to pay for the goods to Defendant DC, and concluded a mortgage contract with the maximum debt amount of KRW 2.3 billion regarding the instant real estate (hereinafter “the instant contract”).

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