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(영문) 서울남부지방법원 2021.01.21 2020가단259265

기타(금전)

Text

1. The defendant shall be the plaintiff.

(a) 60,170,000 Won and its related 6% per annum from January 1, 2019 to December 23, 2019; and

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) was a company engaged in the export and import sales of subsidiary materials, parts, and products of electricity, electronic equipment, and other machinery and appliances; (b) was ordered by C on April 12, 2018 (ACI); and (c) delivered them to the said company on November 19, 2018, upon receiving an order from C, a company engaged in the electronic commerce transaction of machinery and appliances.

On February 13, 2020, the Plaintiff filed a lawsuit against the said company for claiming the price of goods, and sentenced the said company to pay “60,170,000 won” as Seoul Central District Court 2019 Ghana 529907, and from January 1, 2019 to December 23, 2019, 6% per annum from January 1, 2019 to December 23, 2019, and 12% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on March 6, 2020.

In addition, on May 27, 2020, the Plaintiff filed an application against the said company for the determination of the amount of litigation costs, and received a decision on May 27, 2020 that “The amount of litigation costs that the said company ought to pay to the Plaintiff by the above judgment is KRW 5,020,974,” which was determined as follows.

B. On January 11, 2019, C filed an application for rehabilitation with the Seoul rehabilitation court as 1,005/1,0005/200, and was decided to commence rehabilitation procedures on February 12, 2019, but was decided to discontinue the rehabilitation procedures on September 20, 2019.

According to the above procedures, as of February 12, 2019, assets amounting to KRW 8,615,00,000 and liabilities amount to KRW 16,503,00,000 for assets as of February 12, 201.

(c)

The above company had a claim against D, but it was assumed by E, a part of the debt to D's above company, and the defendant again accepted it.

The amount is KRW 2,179,993,561 as of February 12, 2019.

However, the above company did not exercise its rights against the defendant.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 2 through 12, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff is seeking monetary payment against the Defendant on behalf of the said company in order to preserve its claim as a creditor against C as to the said company.

Therefore, the defendant is against the plaintiff.