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(영문) 서울남부지방법원 2017.01.19 2016가합2445

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 relationship 1) The Plaintiff is a company that runs the wholesale and retail business of fire-fighting appliances, and the Defendant is a company that runs the business of construction and manufacturing industrial machinery. 2) The Plaintiff supplied the goods, such as fire-fighting gas, to the Defendant from September 10, 2015 to December 15, 2015, and had a claim for attempted payment amounting to KRW 489,50,000.

B. 1) The Defendant, as a result of the delay in the payment of the construction cost from the ordering office, was faced with an insolvency crisis due to the aggravation of management from the end of October 2015, and became in the situation where it is difficult to pay the price of goods, etc. to its creditors. Accordingly, the Defendant requested the “GS Construction”, the original office building, and the Defendant promised to pay part of the above debt amount (not less than 30%) to the Defendant’s creditors upon obtaining the consent of the Defendant to adjust the debt amount from the creditors at the end of February 2016. (2) On March 7, 2016, the Defendant consulted on the adjustment and postponement of the debt amount by gathering a large number of creditors (including the Plaintiff) to one place.

In April 2016, the Defendant directly paid to the creditors part (not less than 30%) of the amount of the obligation in GS Construction by the end of April, 2016, and paid 20% to the Defendant by the end of 2017, and 50% to the remainder, and ii) requested the Defendant to submit to the court a plan for filing an application for corporate rehabilitation or bankruptcy, and request the obligees to prepare a written consent on the above i) scheme. iii) The Plaintiff partially modified the form of the written consent provided by the Defendant, and issued it to the Defendant on March 29, 2016 (hereinafter “instant written consent”).

Amount of credit: Amount agreed upon in 489,50,000 won: 250,000,000 won (hereinafter “the agreed amount”) shall be as follows with respect to the claims held against the defendant by the plaintiff.

1. The plaintiff is above.