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(영문) 대구지방법원경주지원 2014.10.17 2013가합1433
채무부존재확인 및 근저당권 말소
Text

1. The obligation to pay a penalty of KRW 100,00,000 under a sales contract for scrap on December 1, 201 between the Plaintiff and the Defendant is 40.

Reasons

1. Basic facts

A. On December 1, 2011, the Plaintiff entered into a contract for the registration of the establishment of a collateral security (hereinafter “registration of the establishment of a collateral security right”) between the Defendant and the Defendant on the same day, and received KRW 100 million as the down payment from the Defendant, and entered into a contract for the establishment of a collateral security right on the real estate listed in the attached list No. B owned by the Defendant to secure the obligation arising from a transactional relationship with the Defendant. On the same day, the registration of the establishment of a collateral security right (hereinafter “registration of the establishment of a collateral security right”) was completed on the same day.

Article 1 (Goods Subject to Sale) The Plaintiff shall provide the Defendant with the full amount of scrap scrap generated at the Plaintiff’s factory.

Provided, That the pressure materials and residuess shall be taken out after consultation at each time of occurrence.

Article 2 (Unit of Trade and Settlement)

1. The unit price for sale shall be set at a discount of 60 won with the unit price for the supply of iron at the time of treatment of scrap.

When there is a change in the unit price, it shall be determined after mutual agreement is reached.

Provided, That if the agreement is not smooth or it is likely to occur, the agreement shall be concluded after inquiring with the first unit company of the modern iron system.

2. The settlement of accounts shall be made in the case where the volume of scrap is not less than 70 tons after the end of each month, the defendant shall pay the price within five days after the issuance of the tax invoice by the plaintiff, and if the amount is less than 70 tons, the plaintiff shall issue the tax invoice

Article 3 (Period of Contract) One year from the date of completion of the payment of down payment.

Article 4 (Contract Deposit)

1.The down payment shall be KRW 100 million and shall be settled in accordance with Article II.

Article 7 (Penalties)

1. When the Plaintiff supplies scrap generated from the preceding plant to another enterprise or unilaterally terminates the contract, penalty of KRW 100 million shall be paid to the Defendant.

B. On August 10, 2012, the Plaintiff borrowed KRW 150 million from the Defendant on the basis of a special agreement for the sale of scrap with the following content.

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