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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the above cancellation portion is dismissed.
3.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim for the purchase price of goods supplied the automobile parts, etc. from January 201 to June 201 to A (B) who engaged in the manufacturing business of automobile parts, etc., and the total amount of KRW 338,222,890 remains.
B. On August 23, 2012, in the course of liquidation of B due to the operational accident, A acquires the Defendant’s factory facilities, with respect to the Defendant’s remaining business property and business debts, as follows, a sales contract (Evidence A4, Subparagraph B6, hereinafter “instant transfer contract”).
) A and B set up a contract. On August 23, 2012, A and B sold all of the remaining machinery, tools, stuffs, materials and fixtures and scrap metal, except for machinery, etc. on which mortgage has been established to the institutions, such as banks, etc. owned by A, to B. The proceeds from this sale shall be paid the wages and retirement allowances, etc. of Gap's workers and executive officers and employees first, and the amount of completed goods and semi-finished goods, etc. (except for finished goods, semi-finished goods, etc. related to aggregate) currently stored at Gap's factory shall be KRW 1,60,00,000 after the completion of the supply price of the goods after consultation with the commercial bond group, and at the same time, the Defendant and A agree to take necessary measures, such as liquidation, mortgage protection, lease machinery, etc., of the company A and the amount of the remaining goods to be supplied after completion, excluding the amount of supplied goods to be supplied as KRW 1,60,000,74784,797.27
C. The first agreement is that the Defendant shall pay the creditors of A 40% of the amount of each outstanding claim in consultation with the representative of the claim group composed of creditors of B including the Plaintiff on September 10, 2012 according to the transfer contract of this case.