Text
1. The Defendant deposited 2,58,757,310 won as the gold No. 1245 in 2014 for the Gwangju District Court’s Netcheon Branch.
Reasons
1. Basic facts
A. On May 6, 2008, the Plaintiff entered into a contract with EPS Energy Co., Ltd. (hereinafter “EPPS Energy”) to sell a total of 256,815 square meters of 8 blocks in the 1st century small and medium sites of the mountain village 1 in KRW 30,416,00,000, but entered into a contract to change the sale price to KRW 283,259 square meters in total of the sale area on September 16, 201, and to change the sale price to KRW 33,675,00,000 (Provided, That the final sale price is to be settled later).
(hereinafter “instant sales contract”). B.
E. E.S. energy was declared bankrupt on July 8, 2013, while E.S. sales price was 9,129,43,990 won due to the instant sales contract, and the Defendant was appointed as trustee in bankruptcy.
C. On August 12, 2013, the Plaintiff filed a report with the bankruptcy court on the amount of KRW 9,129,43,90 for the unpaid sale price of EPP energy, and damages for delay of KRW 956,714,650 calculated by the interest rate of 15% per annum from November 13, 2012 to July 25, 2013.
On March 31, 2015, the Defendant entered into a contract for the sale of assets including the subject matter of the instant sales contract with the Hyundai Steel Co., Ltd. (hereinafter “Modern Steel Co., Ltd.”), and sent to the Plaintiff a written statement to the effect that on June 11, 2015, the sales contract was smoothly fulfilled.
E. On June 15, 2015, the Plaintiff reported to the bankruptcy court for the late payment of KRW 3,545,471,960, calculated by the interest rate of 15% per annum from November 13, 2012 to June 15, 2015, as the unpaid sale price of EPP energy, and the delayed payment of KRW 9,129,43,990 per annum.
F. On June 17, 2015, the Defendant recognized the amount of 9,129,43,90 won that was not paid to the Plaintiff and damages for delay calculated by 15% per annum from November 13, 2012 to July 25, 2013, which is the date bankruptcy claim is reported, as estate claims, and pays the amount of 956,714,650 won per annum, and there is a difference between the Plaintiff and the Plaintiff as to the fact that damages for delay after July 26, 2013 are estate claims.