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(영문) 대전지방법원천안지원 2016.04.20 2016가단100405
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 56,248,00 and the interest rate of KRW 15% per annum from January 28, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 20, 2014, the Plaintiff entered into a contract with the Defendant for the supply of by-products of pigs, and supplied by-products of pigs amounting to KRW 302,227,00,00 to the Defendant via C under the said contract from March 20, 2014 to July 2015.

B. The Defendant paid KRW 245,979,000 to the Plaintiff from March 2014 to December 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 56,248,00 won for the remaining goods (=302,227,000 won - 245,979,000 won) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from January 28, 2016 to the day of full payment, as the plaintiff seeks.

B. On January 28, 2016, the Defendant asserts to the effect that the instant lawsuit is unlawful or cannot respond to the Plaintiff’s claim, since the Defendant filed an application for individual rehabilitation.

According to the purport of the entire argument, the fact that the defendant filed an individual rehabilitation application with the Incheon District Court 2016da6167 is recognized.

However, just because an application for individual rehabilitation has been filed, the litigation procedure cannot be interrupted or the rejection of the plaintiff's claim cannot be a ground.

Therefore, the defendant's above assertion is not accepted.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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