물품대금
1. The Defendant’s KRW 80,105,120 for the Plaintiff and KRW 6% per annum from July 18, 2018 to November 23, 2018.
1. According to the overall purport of Gap evidence Nos. 1 through 4 (including each number), as to the cause of the claim, the plaintiff supplied the automated equipment product to the defendant (D) from December 1, 2015 to June 15, 2018, and the plaintiff also stated the remaining balance in the current status of D outstanding amount attached to the preparatory document as of November 1, 2018, as KRW 80,105,120, and KRW 80,000, the remaining balance in D outstanding amount attached to the preparatory document as of November 1, 2018, as the remaining balance is stated as KRW 80,105,120.
such fact may be recognized.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 80,105,120 for the unpaid goods and delay damages at each rate of KRW 15% per annum under the Commercial Act from July 18, 2018, which is the day following the delivery date of the instant complaint, to November 23, 2018, which is deemed reasonable for the Defendant to dispute over the existence and scope of the obligation to perform.
2. The defendant's assertion argues that since the defendant's bankruptcy and application for immunity was filed, the litigation procedure of this case shall be suspended pursuant to Article 239 of the Civil Procedure Act and the bankruptcy trustee shall take over.
Article 239 of the Civil Procedure Act provides that the proceedings relating to the bankrupt foundation shall be interrupted when a party is declared bankrupt.
According to the court's confirmation, even though the defendant was found to have filed a petition for bankruptcy and immunity with the Suwon District Court on July 23, 2018, as prescribed by the Presidential Decree No. 2018Hadan2217, 2018, and 2217, there is no evidence that the bankruptcy was declared before the closing of the argument in this case, and the fact that the defendant filed a petition for bankruptcy and immunity has any limitation on the exercise of the plaintiff's right in the lawsuit.