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Reasons
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(영문) 서울남부지방법원 2015.11.13 2013가합19565
매매대금 등
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1. The Plaintiff’s rehabilitation claim against the Defendant shall be KRW 16,828,834 and the interest rate thereon from December 17, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On November 14, 2012, the Plaintiff entered into a contract between the Defendant and Samsung C&T Co., Ltd. (hereinafter “TDV”) with the content that the Defendant would receive 30% of the price 1,490,000,000 won (excluding value-added tax) from the Defendant to the Defendant for the emergency shut-off valves (hereinafter “instant product”) for the machinery product 2, control tower valves (Temp. Valve) 14, and the shut-off valve (Valve) 8, not later than February 20, 2013, the Plaintiff supplied the Defendant with 30% of the price 1,490,000 won (excluding value-added tax) and the remaining 70% of the price 70% as a bill at the Defendant’s regular settlement date (hereinafter “instant supply contract”).

B. On December 24, 2012, the Plaintiff entered into a contract with the Defendant on December 24, 2012 under which the Defendant would pay 168,000,000 won (excluding value-added tax) to the Defendant for the delivery of machinery products to Turkey, and the Defendant would receive three months of maturity on the date of the Defendant’s regular settlement (hereinafter “instant supply contract”).

C. On August 21, 2013, the Plaintiff entered into a contract with the Defendant on the terms that the Defendant would pay 30% of the price of KRW 215,00,000 (excluding value-added tax) to the Defendant’s product to be supplied to the Daewoo Construction Co., Ltd. by October 20, 2013 and October 30, 2013, and that the Defendant would pay 215,00,000 as advance payment, and the remainder 70% of the price to be paid as a bill (hereinafter “instant third supply contract”). D.

On March 5, 2014, when the instant lawsuit was pending, the Defendant was decided to commence rehabilitation procedures by Incheon District Court 2014 Gohap4, and the Plaintiff is a rehabilitation claim on April 1, 2014, which was the time limit for reporting rehabilitation claims.

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