물품대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Determination as to the legitimacy of the instant lawsuit
A. On March 30, 2012, when the Plaintiff and the Defendant paid KRW 4,00,000,000 to the Defendant for business bonds, the Defendant concluded a business agreement with the Plaintiff with the manufacturing equipment to produce and supply Alghan and Cu scrap.
In addition, the plaintiff provided the defendant with raw materials of the above product.
On November 11, 2013, the Plaintiff entered into a security agreement on corporeal movables listed in the attached list owned by the Defendant (hereinafter “instant corporeal movables”) in order to secure the payment of goods for the supply of raw materials with the Defendant.
(2) After the Plaintiff supplied the Defendant with raw materials equivalent to KRW 8,981,181,126, the Plaintiff received KRW 2,900,000,000 out of the price of the goods and did not receive the remainder of KRW 6,081,181,126 from December 31, 2013 to March 21, 2014.
Therefore, the Plaintiff seeks payment of KRW 2,30,000,000 out of the above amount of KRW 6,081,181,126 to the Defendant as a partial claim.
B. In full view of the overall purport of the arguments in the statement in the evidence Nos. 6 through 8 as a whole, the following facts are acknowledged: (a) rehabilitation procedures commenced against the Defendant on March 14, 2016, which was subsequent to the Plaintiff’s filing of the instant lawsuit seeking payment of goods against the Defendant; (b) the Plaintiff reported the instant security right as a rehabilitation security right under the instant rehabilitation procedure on April 4, 2016; and (c) on June 15, 2016, the rehabilitation plan under which the execution of the instant security right and the method of repayment, etc. were authorized under the instant rehabilitation procedure.
Therefore, in accordance with the above rehabilitation plan against the defendant, the right to transfer the security of this case is exercised, and repayment of the claim for the price of goods, which is the secured claim, should be made, so the plaintiff is the lawsuit of this case against the defendant.