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(영문) 의정부지방법원고양지원 2016.11.18 2016가단8421
물품대금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

The Plaintiff is a legal entity that runs the distribution, wholesale, and processing business of agricultural and fishery products, and the Defendant operates the manufacturing business of fishery products with the trade name “B,” and the Plaintiff supplied the Defendant with fishery products. The Plaintiff committed an outstanding amount of KRW 50,570,400 by September 18, 2015, and the Defendant issued to the Plaintiff on September 18, 2015 a written statement to the effect that the Plaintiff would pay KRW 50,570,400 to the Plaintiff three times during the period from October 15, 2015 to December 15, 2015, the Plaintiff paid KRW 10 to the Defendant on October 30, 30,850,000, KRW 740,000 on November 40, 2015, and the Defendant additionally supplied KRW 10 to the Plaintiff on October 16, 2015 and KRW 10,000 on October 16, 2015.

According to the above facts, even if the plaintiff has a claim amounting to KRW 35,980,400 on the balance of the above goods price (i.e., KRW 50,570,400 on the statement of payment - KRW 1,850,000 on the statement of payment - KRW 5,000,000 - KRW 7,000 on the statement of payment - 7,000,000) and damages for delay, insofar as it cannot be seen that the defendant entered his claim against the plaintiff in the list of creditors and filed an objection against the decision of individual rehabilitation procedure (the reported amount of credit seems to be the same as the claim amount in this case), the plaintiff's claim against the defendant against the defendant is confirmed as stated in the list of creditors, and the plaintiff can perform compulsory execution based on the list of individual rehabilitation creditors even if the claim is repaid or rehabilitation procedure is abolished through the aforementioned vehicle.

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