물품대금 등 청구의 소
The defendant-Counterclaim Plaintiff's counterclaim is dismissed.
The plaintiff (Counterclaim defendant)'s claim is dismissed.
The costs of lawsuit shall be individually.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company engaged in the business of manufacturing subdivisions, pipe pipes, speculative business, and speculative wholesale and retail business, and the Defendant operates steel pipe in the wholesale and retail business.
The defendant supplied raw materials to the plaintiff and received the payment thereof, and the plaintiff supplied goods to the defendant or processed raw materials supplied by the defendant.
As of December 31, 2015, the Plaintiff had a claim against the Defendant for the amount of KRW 49,55,893 against the Defendant, including the price for goods. As of March 31, 2015, the Defendant had a claim for KRW 76,755,381 against the Plaintiff (hereinafter “Defendant’s claim for the price for goods”).
B. On April 20, 2015, the Plaintiff filed an application for commencing rehabilitation procedures with the District Court, and received a preservative measure decision on April 24, 2015, and the said court rendered a decision to commence rehabilitation on May 19, 2015.
On June 9, 2015, the above court required the list of rehabilitation creditors to submit the list of rehabilitation creditors, and set the period from June 10, 2015 to July 1, 2015 as the reporting period of rehabilitation claims. The Plaintiff reported the Defendant to the rehabilitation creditor within the above period or the Defendant did not report the Defendant’s claim for the price of goods as the rehabilitation claim.
C. On November 18, 2015, the above court decided to authorize the Plaintiff’s rehabilitation plan, and on September 28, 2018, the Plaintiff’s rehabilitation procedure was completed.
The Plaintiff and the Defendant filed a lawsuit against the other party to seek the delivery of corporeal movables (the District Court 2016da10330 (principal suit), 2016da122171 (Counterclaim); hereinafter “instant prior suit”), and on December 21, 2016, the Plaintiff shall deliver to the Defendant, and on December 21, 2016, the movables listed in the separate sheet No. 2, the Defendant shall pay the money calculated at the rate of 50 million won per annum from the following day to the date of complete payment, and on April 6, 2015, the movables listed in the separate sheet No. 3 are transferred.