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(영문) 인천지방법원 2015.12.08 2015가합799

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that develops and manufactures the materials, etc. of the Handphones, and the Defendant is a corporation that manufactures and sells the Handphone panel center, etc.

B. E&W E&C Co., Ltd. (hereinafter “E&P”) is a corporation that manufactures and sells heat exchangeers and plastic materials, etc. The rehabilitation procedures commenced on March 12, 2014 as Suwon District Court 2014hap16, and was abolished on June 10, 2014 prior to the authorization of the rehabilitation plan.

C. From April 2013 to July 201 of the same year, the Plaintiff supplied the Home Network Parts, etc. to AWAC, and was not paid part of the price for the goods.

The Plaintiff filed a lawsuit against AWP as the Incheon District Court 2013Gahap20140. On August 29, 2014, the said court rendered a favorable judgment against the Plaintiff that “AWPP is paying the Plaintiff the unpaid amount of KRW 170,327,780, and damages for delay calculated at the rate of 20% per annum from December 21, 2013 to the date of full payment.” The said judgment became final and conclusive on September 19, 2014.

On November 5, 2014, the Plaintiff filed an application for an auction of the movable property owned by A&P as its title with the original copy of the said final judgment, and filed an application for an attachment and collection order with respect to KRW 200,342,112 of the claim for the price of goods for the Daegu Special Metal Co., Ltd. (hereinafter “Tgu Special Metal”), a Suwon District Court Decision 2014TBT No. 25169, Nov. 5, 2014, the Plaintiff issued an attachment and collection order with respect to KRW 20,342

E. Meanwhile, from March 1, 2013 to March 1, 2013, the Defendant leased and used a factory located in Seongbuk-gu Seoul Special Metropolitan City 27,305-ro 105-ro 27,305 (or commercial dong, central rayia 3), and leased part of the factories located in 10-ro 460-ro, E&P et al. on January 20, 2014, and on August 12, 2014, the location of the head office on the registry as well as the said factory at the above Sung-si Special Metropolitan City factory on August 12, 2014.