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(영문) 전주지방법원군산지원 2017.05.19 2016가합10775
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 3,677,921,199 and the interest rate thereon from September 1, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company established with the manufacture and processing business of paper and pulp as its business purpose.

Defendant A Co., Ltd. (formerly: Co., Ltd.; hereinafter “Defendant Company”) is a company incorporated with its business purposes such as wholesale and retail business of Category C, and Defendant B is the representative director of the Defendant Company.

B. On April 2010, the Plaintiff entered into a contract between the Defendant Company and the Defendant Company (hereinafter “instant contract”) stating that “The Defendant Company shall supply the products, such as the paper that the Plaintiff produces and sells, to the Defendant Company, and the Defendant Company shall pay the product price in cash within the last day of the following month, and if it intends to extend the payment date, it shall pay the Plaintiff the product price in cash, adding the overdue interest calculated by adding the overdue interest rate of 17% per annum to the time the obligation calculated from the date of payment is fully paid (hereinafter “instant contract”). Defendant B, the representative director of the

C. The Plaintiff supplied the Defendant Company with products equivalent to KRW 6,498,824,391 under the instant contract from July 2014 to July 2015. However, the Plaintiff received only KRW 2,820,903,192 from the Defendant Company and did not receive the remainder of KRW 3,677,921,199.

On the other hand, on August 10, 2015, prior to the instant lawsuit, the Defendant Company filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2015 Ma1021, which was decided on September 4, 2015. However, on May 9, 2016, the Defendant Company issued a decision to discontinue rehabilitation procedures prior to authorization pursuant to Article 285 of the former Debtor Rehabilitation and Bankruptcy Act (amended by Act No. 12892, Dec. 30, 2014), and the said decision became final and conclusive on May 24, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendants jointly and severally failed to pay to the plaintiff 3.

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