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1. The defendant Gap corporation's bankruptcy debtor Eul corporation's bankruptcy debtor, ELK International bankruptcy trustee Eul.
Reasons
1. Basic facts
A. The relationship between the parties 1) The Plaintiff Rehabilitation Company A, a legal administrator of the Plaintiff Rehabilitation Company A, (hereinafter “Plaintiff A”).
(C) The Plaintiff C (hereinafter “Plaintiff C”) is a company that purchases, produces, and supplies raw materials necessary for clothing production.
(2) As the representative of an individual business chain F, Defendant D is an individual entrepreneur who orders fiber and clothing, and ELK International Co., Ltd. was declared bankrupt on August 11, 2016, the Seoul Central District Court 2016Hahap10154, and accordingly, Defendant A’s bankruptcy debtor, ELK International Co., Ltd. took over the instant lawsuit by E., the bankruptcy administrator of the instant case.
(hereinafter referred to as “Defendant LK” without distinguishing the above Defendant who took over the case from ELK International Law Firm and lawsuit.
1) A contract between the Defendants on January 1, 2014 (hereinafter “instant supply contract”) under which Defendant ELK will be supplied at KRW 2,493,680,000 in total of the supply values of the goods from Defendant D (hereinafter “instant supply contract”).
(2) Around March 2014, Defendant D entered into an agreement that “L/C (L/C) shall pay for the payment, and the remainder shall be in cash,” with respect to the payment of the price. (2) Defendant D decided to manufacture and deliver a part of the materials subject to the instant supply contract to Defendant L/C to Defendant L/C, and the said company requires that L/C be opened as requested by Defendant D with respect to the payment of the price, and that L/C opened and changed the invoice for the estimate necessary for L/C establishment (PPFOR INVE, BB No. 2-1, 3) to Defendant L/C.
Defendant ELK is a company bank that entered into a contract for the establishment of L/C and a foreign bank name, the name of the foreign bank to be paid to us.