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(영문) 서울중앙지방법원 2015.01.22 2013가단299863
미수금
Text

1. The Defendant’s KRW 25,285,671 as well as the Plaintiff’s annual rate of 6% from April 1, 2010 to January 22, 2015.

Reasons

1. Facts of recognition;

A. The supporting content corporation (hereinafter “supporting content”) is a company that engages in the business of manufacturing, distributing, and selling character products. The Defendant is an individual who distributes and sells goods in the trade name of “C”.

B. The subsidized content supplied goods to the Defendant from December 31, 2007 to March 2010.

C. On the other hand, on December 22, 2011, the support content was decided to commence rehabilitation procedures as Seoul Central District Court 201 Gohap172, and prior to the rehabilitation, A was appointed as a custodian.

[Ground of recognition] Unsatisfy, the purport of the whole pleadings, and substantial facts in this court

2. As of December 31, 2007, the Plaintiff asserted that, as of December 31, 2007, the Defendant’s obligation to pay the outstanding amount was KRW 35,023,380, and the outstanding amount until March 2010 was totaled KRW 45,189,571.

In light of the records of the reorganization (No. 4; hereinafter “the settlement details of the outstanding amount”) submitted by D, who was an employee of the Plaintiff, to the Defendant, the Defendant acquired the outstanding amount at KRW 16,148,100 (=35,023,380 - 18,875,280 - 5,000) as of December 31, 2007, since the outstanding amount at KRW 18,875,280 (hereinafter “the settlement details of the outstanding amount”) as of December 31, 2007, at KRW 45,189,571 as of December 31, 2007, the outstanding amount at KRW 16,148,100 (=35,023,380 - 18,875,280 - 5,711,830, 10,309, 900, 406,506,06.

3. Determination

A. According to the reasoning of the evidence No. 2 and No. 4 of the judgment as to the cause of the claim and the overall purport of the pleadings, the Plaintiff may recognize the fact that the Defendant supplied goods from December 31, 2007 to the Defendant, as of December 31, 2007, that the Defendant’s obligation to pay the outstanding amount is KRW 35,023,380, and that the Defendant’s obligation to pay the outstanding amount until March 2010 constitutes 45,189,571.

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