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(영문) 수원지방법원 2018.05.30 2018가단1755
물품대금
Text

1. The Defendant shall pay the Plaintiff KRW 62,700,000 and the interest rate of KRW 15% per annum from January 6, 2018 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. The facts stated in the Attached Form of Claim do not conflict between the parties.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 62,700,000 for the goods and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 6, 2018 to the day of full payment, which is obviously a day after the original copy of the instant payment order was served on the Defendant, as requested by the Plaintiff.

2. The defendant's assertion that the defendant's application for commencement of rehabilitation proceedings as Daegu District Court 2017 Ma159 was in progress, and the procedure is currently in progress, and the plaintiff's claim for the price of goods claimed in this case is in time. Thus, the plaintiff's claim should be dismissed.

However, the Defendant’s filing of an application for individual rehabilitation does not prohibit an obligee’s procedural acts to secure executive titles (see, e.g., the proviso to Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act and Supreme Court Decision 2013Da42878, Sept. 12, 2013). Thus, the Defendant’s above assertion is without merit.

Although Defendant submitted reference materials to the effect that there was a decision to commence rehabilitation proceedings against Defendant on May 3, 2018, which was after the closing of argument in the instant case, the only sentence of the judgment may be suspended in the proceedings concerning the debtor’s property (see, e.g., Articles 59(1) and 33 of the Debtor Rehabilitation and Bankruptcy Act, Articles 238 and 247(1) of the Civil Procedure Act, and Supreme Court Decision 200Da4928, 44935, Jun. 26, 2001). However, the above change of circumstances do not constitute any obstacle to the court declaring the judgment on the instant case.

3. According to the conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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