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(영문) 수원지방법원성남지원 2015.01.05 2014가단221790
물품대금
Text

1. The Defendant’s KRW 20,249,821 as well as the Plaintiff’s annual rate of 5% from August 8, 2014 to October 13, 2014.

Reasons

In full view of the purport of the entire pleadings, the Plaintiff’s sales of alcoholic beverages before August 8, 2014, and the fact that the amount of alcoholic beverages unpaid by the Defendant as of August 8, 2014 constitutes 20,249,321 can be acknowledged.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 20,249,321 won of alcoholic beverage price and damages for delay at each rate of 5% per annum prescribed by the Civil Act from August 8, 2014 to October 13, 2014, which is obvious that the delivery date of a copy of the complaint in this case is the delivery date of a copy of the complaint in this case, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day

In regard to this, the defendant alleged that the defendant filed an application with Suwon District Court 2014Da126132 on September 4, 2014 for the commencement of individual rehabilitation procedures and on September 16, 2014, the above suspension order was served on the plaintiff on September 18, 2014, and thus, the plaintiff cannot respond to the plaintiff's request. However, even if the court's suspension order was issued upon the application for commencement of individual rehabilitation procedures, the act of receiving repayment or demanding repayment of individual rehabilitation claims is suspended or prohibited and litigation is permitted (Articles 593 and 593, (1) 4, and 600 (1) 3 of the Debtor Rehabilitation and Bankruptcy Act). The defendant's above assertion is without merit.

Therefore, the plaintiff's claim is reasonable, and a provisional execution is decided as per Disposition with the decision not to sentence a provisional execution, considering all the circumstances.

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