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(영문) 창원지방법원 2013.07.31 2012가합6479
물품대금
Text

1. The Defendant’s KRW 67,644,578 as well as the Plaintiff’s KRW 67% per annum from October 17, 2012 to July 31, 2013, and thereafter.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at manufacturing automobile parts, etc., and Nonparty A was engaged in the manufacturing business of automobile parts, etc. by receiving parts, etc. from the Plaintiff, etc. under the trade name “B.”

The defendant is a company established for the original purpose of real estate development business, etc. or the following:

In addition to goods such as partial business facilities and finished goods, semi-finished goods, re-processed goods, materials, etc., A has taken over business debts.

B. The Plaintiff had KRW 338,222,890, which occurred as a result of continuous supply of automobile parts, etc. to A from January 201 to June 2012.

C. However, on August 23, 2012, in the course of liquidation due to the difficulties in the operation of B, A prepared a sales contract (Evidence A 4) with respect to the remaining business property and business debts between the Defendant and the Defendant as follows:

On August 23, 2012, the sales contract Gap (A) and Eul (Defendant) agree to sell all of the remaining machinery, tools, stuffs, material equipment, fixtures, and scrap metal, except for machinery, etc. on which mortgage has been established to the agencies, such as the bank, etc. owned by Gap, to Eul on August 23, 2012, and pay Gap's workers, employees, and employees' wages and retirement allowances, etc. first of all as the proceeds of this sale, and Gap's factories are paid the completed goods kept at the present factory and semi-finished goods (excluding finished goods, semi-finished goods, etc. related to rural architecture) fall under 1,60,000,000 won after the completion of the supply of the goods. Accordingly, Eul's best effort is agreed to pay Eul's commercial bonds and other expenses in addition to the supply price after completion after completion after consultation with the commercial bond group.

When the defendant and A complete and deliver the re-processed goods stored in a factory A at the time of the above contract, the sum of the complete values equivalent to the price of the goods that can be gained when the goods are supplied.

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