물품대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:
The Plaintiff is operating the packing materials manufacturing business with the trade name “D,” and between January 2, 2017 and September 21, 2018, the price for the goods that was not paid with the goods supplied to B (hereinafter “instant company”) reaches KRW 35,862,524 (hereinafter “instant goods payment claim”). On December 5, 2018, the Daegu District Court of the Daegu District Court requested the instant company to pay the instant goods payment order with respect to the instant goods payment claim.
On December 12, 2018, the payment order was decided on December 12, 2018 (2018 tea1099). However, the instant lawsuit was pending against the instant company.
B. Meanwhile, on January 4, 2019, the instant company filed an application for rehabilitation with the Daegu District Court (2019 Gohap101). On February 13, 2019, the said court appointed the Defendant as the custodian of the instant company (hereinafter “instant rehabilitation procedure”); the period from March 2, 2019 to March 21, 2019; and the period from March 222, 2019 to April 4, 2019.
C. On September 24, 2019, the Daegu District Court held a meeting of interested parties for the special inspection date and the examination of the rehabilitation plan regarding the rehabilitation procedure in the instant case, and decided to authorize the rehabilitation plan to the instant company on October 15, 2019.
In the rehabilitation procedure of this case, the Defendant entered the Plaintiff’s claim for the instant goods price in the list of rehabilitation creditors (the repayment plan table of rehabilitation claims regarding the obligation, such as transaction, etc.) of the rehabilitation plan against the Defendant, upon recognizing the instant goods price claim.
E. The above A.
As described in the subsection, the instant lawsuit is pending, and the Defendant taken over the instant lawsuit upon the court’s continuation order on December 26, 2019.
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