logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.08.30 2013가합20737
물품대금
Text

1. The Plaintiff’s debtor’s bankruptcy debtor’s 296,376,00 won and its related amount from February 19, 2014.

Reasons

1. Facts of recognition;

A. From October 201 to April 201, 201, the Plaintiff manufactured and supplied machinery, such as an internal reaction framework and the connection device with a view to the obligor Ecopia Co., Ltd. (hereinafter “Bankruptcy Company”), and the Bankruptcy Company did not pay only part of the production price to the Plaintiff, and did not pay the remainder of KRW 296,376,00 (hereinafter “instant product price”).

B. On October 17, 2014, the bankruptcy company was declared bankrupt by Seoul Central District Court Decision 2014Hau157, and the defendant was appointed as bankruptcy trustee of the bankruptcy company and taken over the lawsuit of this case.

C. The Plaintiff reported the instant claim claim, which is a goods-price claim, as bankruptcy claim in the bankruptcy proceedings against the bankrupt company. However, the Defendant raised an objection and changed this part of the claim into a bankruptcy claim confirmation lawsuit.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. According to the above facts finding, the bankruptcy company is obligated to pay the price of the goods of this case and damages for delay thereof to the plaintiff, and this claim constitutes a bankruptcy claim, which is a property claim arising before the bankruptcy is declared.

I would like to say.

Therefore, the Plaintiff’s general bankruptcy claim against the Plaintiff’s bankrupt company is damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from February 19, 2014 to October 16, 2014, the day following the delivery of a copy of the instant complaint, which is the day before the above declaration of bankruptcy. The subordinate bankruptcy claim is damages for delay calculated at the rate of 5% per annum as to the above 296,376,00 won from October 17, 2014 to the day of full payment, which is the day after the above declaration of bankruptcy.

As to the delay damages when seeking the confirmation of bankruptcy claims, the Plaintiff is 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery date of a copy of the complaint in this case until September 30, 2015.

arrow