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(영문) 서울고등법원 2019.01.24 2018나2034535
물품대금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiffs are companies that engage in the business of distributing and selling building materials. 2) Company C (hereinafter “C”) is a company that engages in indoor construction business, etc., and the Defendant is a representative director or internal director of C.

B. Since April 2014 to June 2016, C, including the supply of goods to the Plaintiffs, supplied construction materials by the Plaintiffs from around April 2014 to around June 2016. The price for goods that C had not been paid to the Plaintiffs is KRW 400,517,301, and KRW 360,659,233 for Plaintiff B.

C. C (1) On April 8, 2016, upon commencement of simplified rehabilitation procedures, C applied for commencement of rehabilitation procedures on April 19, 2016 as Seoul Central District Court 2016 Ma10030, and decided to commence simplified rehabilitation procedures on April 19, 2016, but C was decided to discontinue simplified rehabilitation procedures on May 26, 2016, as C’s debt amount exceeds 3,00,000,000 won, and C was decided to discontinue simplified rehabilitation procedures by the Seoul Central District Court on May 26, 2016.

(1) On March 24, 2016, at the request of the Defendant, it is necessary to proceed with the rehabilitation procedure of C, the Plaintiffs are entitled to the reduction or exemption of each of the following claims (hereinafter “instant reduction or exemption”).

(A) each other and each other’s commitment to reduction and exemption of claims (hereinafter referred to as “instant commitment”).

)를 작성해주었다 피고는 이 사건 확약서에 연대보증인으로 서명하였다. . ◆ 채권감면서(제출용 원고들은 C와 상거래를 함에 있어 원고들이 판매한 물품대금에 대한 채권을 필히 받아야 할...

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