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(영문) 대전지방법원 2018.02.09 2017가단203913
물품대금
Text

1. The defendant shall deliver to the plaintiff the goods listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a contract for the supply of goods: (a) a company whose purpose of business is the manufacture, sale, etc. of food processing equipment; and (b) the daily F&P Co., Ltd. (hereinafter “F&P”) around September 9, 2015.

(C) the annexed sheet (hereinafter referred to as “instant machine”) between the Company and the Company.

) A contract for the supply of goods (hereinafter referred to as “instant contract for the supply of goods”) to supply goods of KRW 57,200,000 (including value-added tax).

(2) According to the instant goods supply contract, daily B&P supplied the instant machinery to the daily B&P on the day of the contract, the daily B&P supplied the instant machinery within one month after receiving the instant machinery, and decided to withhold the ownership of the said machinery until full payment of the price was made. The daily B&P did not pay the price for the goods within the period stipulated in the said contract.

B. On April 11, 2017, on which the instant lawsuit is pending, Japan B&P was declared bankrupt on April 1, 2017, and the Defendant was appointed as bankruptcy trustee. (2) The Plaintiff reported the goods payment claim based on the instant goods supply contract as bankruptcy claim on April 28, 2017 in the said bankruptcy procedure, and the Plaintiff’s reported claim was entered in the list of bankruptcy creditors on June 9, 2017 with the full amount of the said claim affixed to the Defendant on the date of claim inspection.

C. On October 27, 2017, the Plaintiff expressed his/her intent to rescind the instant contract for the supply of goods on the grounds of nonperformance, such as the payment of the price due by Ilchin, etc., and on November 8, 2017, the written application for modifying the purport of the instant claim and the cause of the claim stated in the said declaration of intent was served on the Defendant on November 8, 2017. (2) On December 21, 2017, the Plaintiff revoked the bankruptcy claim report in the bankruptcy court of Daejeon District Court case No. 2017Hau7014, the Daejeon District Court Decision 2017Hau7014.

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