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(영문) 인천지방법원 2019.04.24 2018가단257452
물품대금
Text

1. The Defendant: 10,598,280 won to the Plaintiff, and 6% per annum from February 1, 2018 to October 12, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in wholesale and retail business in the name of “E” after completing business registration, and the Plaintiff is engaged in wholesale and retail business, such as B (hereinafter “Rehabilitation debtor”) has undertaken construction work of F apartment construction ordered by the Korea Land and Housing Corporation.

B. Upon the request of a debtor, the Plaintiff agreed to supply goods, such as cokes and coal at the construction site at the above site, and to pay the price for the goods on the last day of the month to which the date of sale belongs. Accordingly, on January 27, 2018, the Plaintiff supplied coke 1,248 sckes, 10 sckes, 243,280 won, and the value of the goods is KRW 165,00 for cokes 10,43,280.

C. On February 8, 2018, the rehabilitation debtor filed an application for commencing rehabilitation procedures with the Changwon District Court 2018 Ma10012, and on April 4, 2018, the rehabilitation debtor was decided to commence rehabilitation procedures, and the defendant who was the representative director of the rehabilitation debtor became the custodian.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Article 179(1)8-2 of the Debtor Rehabilitation and Bankruptcy Act provides that “The debtor's right to claim the price for an article supplied as a continuous and normal business activity within 20 days prior to the commencement of rehabilitation procedures” as priority claims. As seen earlier, the debtor continues to perform construction works and has been supplied with necessary cokes and coal at the construction site continuously by the plaintiff, and according to the Gap evidence No. 4, the rehabilitation debtor is recognized as filing an application for permission for the payment of material costs with the plaintiff by filing an application for the payment of construction cost for non-performance of executory bilateral contract in relation to the above construction works with the rehabilitation court after the commencement of rehabilitation procedures. In full view of the above, it is determined that the rehabilitation debtor's supply of cokes, etc. from the plaintiff on January 27, 2018 is based on the debtor's rehabilitation and normal business activity.

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