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(영문) 수원지방법원 2015.10.15 2015나1854
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The purpose of the Plaintiff is to manufacture and sell gold parts, cut, process, manufacture, and sell steel products. The Defendant is a gold-type manufacturing business, machine tools, and sprink manufacturing business, and the Plaintiff supplied the Defendant with a total of KRW 130,218,836, including steel plates, from February 25, 2013 to June 26, 2013, but did not receive KRW 85,243,719 (excluding electronic bills 43,224,027) out of the price.

B. On July 22, 2013, the Defendant filed an application for rehabilitation with the Seoul Central District Court 2013 Ma140, but, under the supervision of the Industrial Bank of Korea, decided to proceed with the so-called “workout” procedure regarding creditors including the Plaintiff and the postponement of the repayment period for obligations, etc., and voluntarily withdrawn the application for rehabilitation on August 13, 2013.

C. On July 25, 2013, the Plaintiff and the Defendant agree to postpone the repayment period of the obligation (hereinafter “instant agreement”) with the Defendant, as follows, “Agreement on the Deferment of Debt Repayment” (hereinafter “instant agreement”). The Plaintiff’s trade name, representative name, address, corporate registration number, and amount of credit are stated in the creditor column, respectively, and the Plaintiff’s certificate of personal seal impression, registration certificate, and business registration certificate were sent by facsimile to the Defendant, but the said agreement did not affix his/her seal impression, etc. to the said agreement.

The above creditors (Plaintiffs) agree that the repayment date will be postponed until June 30, 2014 for the above amount of credit (128,467,746 Won) of the debtor Jinak-si Co., Ltd. (Defendants).

provided that:

1. It shall be deposited into an enterprise bank account in the name of the bondholder for the repayment of commercial debts each month from October 2013 to 50 million won, and it shall be deposited KRW 100 million each month from January 6, 2014 to June.

2. The above obligor shall reimburse all of the remaining claims of the foregoing obligee until June 30, 2016.

3. New transactions after the preparation of a written agreement shall be settled in cash by the tenth day of the following month.

The above creditors are until June 30, 2014, the grace date for the exercise of claims.

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