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Reasons
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(영문) 대구지방법원서부지원 2016.11.16 2016가단50157
매매대금
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1. The plaintiff's rehabilitation claim against B corporation of the rehabilitation company is 110,000,000 won;

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff is a business operator who manufactures and sells main ingredients and gold-type machinery, etc. with the trade name of “D” and the Plaintiff is a business operator who manufactures and sells B Co., Ltd. (hereinafter “Rehabilitation Company”), regardless of whether before or after the commencement of rehabilitation procedures.

(2) On December 7, 2014, the Plaintiff entered into a contract for the supply of goods (hereinafter referred to as “instant sales contract”) with the rehabilitation company with the content that the Plaintiff shall supply E (a model plate installed in the Automatic type aircraft and static base and then compressed sand (hereinafter referred to as “Automatic type aircraft”) to KRW 125 million (excluding value-added tax). On the same day, the Plaintiff received the down payment of KRW 10 million from the rehabilitation company.

【Automatic Flag Sales Contract】

1. Sale and purchase goods: The type, body and injectinger, transferer, voltage, and relevant manuals;

2. Purchase price: 125 million won (excluding value-added tax).

3. Payment of down payment: (a) the Plaintiff supplied the remainder amount of KRW 15 million in the first intermediate payment (payment) (payment at KRW 10 million (payment at the end of January 31, 2015); (b) KRW 20 million in the second intermediate payment at KRW 15 million ( March 31, 2015); (c) KRW 45 million in the fourth intermediate payment at the end of May 31, 2015 (bill as of August 31, 2015) and KRW 20 million in the second intermediate payment at KRW 45 million (bill as of October 31, 2015) pursuant to the instant sales contract; (d) the Plaintiff did not pay the remainder of the intermediate payment to the rehabilitation company at the end of December 23, 2015; (e) the Plaintiff prepared the remainder of the sales contract and the intermediate payment at the end of January 16, 2015, as follows; (e) the Plaintiff did not pay the intermediate payment to the Plaintiff:

나. 회생절차의 개시 및 경과 1) 대구지방법원은 이 사건 소송 계속 중인 2016. 4. 25. 회생회사에 대하여 간이회생절차 개시결정을 하였고(2016간회�102), 회생회사의 대표이사인 피고가 관리인으로 선임되었다. 2) 원고는 2016. 5. 20. 회생법원에 이 사건...

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