양수금
1. The plaintiff's rehabilitation claims against B stock companies shall be confirmed as KRW 42,964,079;
2. The costs of lawsuit shall be.
1. On November 27, 2015, the Defendant litigant, entered into a contract with F to subcontract the part of general electrical construction to F Co., Ltd. (hereinafter “F”), by being awarded a contract with Gangnam-si D Corporation, which is the ordering agent of the construction.
From June 7, 2017 to July 14, 2017, the Plaintiff supplied all equipment to F, but did not receive goods from F, to KRW 49,080,350 (including value-added tax).
Since August 2017, F drafted the “Agreement on Direct Payment of Subcontract Price (Direct Payment)” with the Plaintiff and on August 23, 2017, on August 23, 2017, F sent to B Co., Ltd. documents of the name “The case of a request for direct payment to supply general electrical construction materials among D Co., Ltd.” and requested B Co., Ltd to pay KRW 49,080,350 to the Plaintiff directly.
The above documents reached the defendant around that time.
After that, the Plaintiff applied for a payment order against F to demand payment of KRW 72,343,315,00 for the total amount of the cost of electric equipment and appliances supplied to F at the site of DDD work performed by B, which is the sum of KRW 47,982,660, and KRW 21,671,947, and KRW 308,440, and KRW 2,380,260, and KRW 260,00 for electric equipment and appliances supplied to H at the site of H work performed by BD.
According to the above payment order, the Plaintiff participated in the distribution procedure of Gyeyang Branch of the Suwon District Court and received a dividend of KRW 35,572,213 on May 18, 2018.
On the other hand, on February 27, 2018, the rehabilitation procedure was commenced on February 14, 2018 by the Seoul Rehabilitation Court 2018 Ma10033, and C, the representative director of the debtor B corporation, was appointed as the legal administrator of the debtor B corporation.
Accordingly, the Plaintiff reported the instant amount of KRW 49,080,350 as a rehabilitation claim in the rehabilitation procedure. Accordingly, the said legal administrator C continues to file the instant lawsuit on April 18, 2018.