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(영문) 서울중앙지방법원 2016.07.01 2015가단112168
물품대금
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 186,867,531 as well as the interest rate from January 1, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the bankrupt debtor A’s joint and several liability 1) Defendant C Co., Ltd. entered into a goods supply contract between the Plaintiff and the bankrupt debtor corporation and the remaining Defendants’ joint and several liability 1)

corporation A (hereinafter referred to as “A”) of the bankrupt debtor corporation

(2) On November 1, 2014, the Plaintiff entered into a contract for goods supply (hereinafter “instant goods supply contract”) with a company that manufactures and sells steel products, steel products, etc. and sells steel products, etc. requested by A throughout one year from November 1, 2014. The price shall be paid by the end of the month in which the goods are supplied, and the price shall be paid by adding 24% delay damages per annum to the goods supply contract (hereinafter “instant goods supply contract”).

3) On the same day, Defendant C, D, E, and F jointly and severally guaranteed the obligation owed by A to the Plaintiff in accordance with the instant goods supply contract. (B) The Plaintiff supplied Defendant D, who performed the instant construction directly or through a subcontract from November 4, 2014 to December 19, 2014 in accordance with the instant goods supply contract, with the amount of KRW 196,867,534, including steel bars, to the Plaintiff.

2) On December 19, 2014, A repaid to the Plaintiff KRW 10,00,000 out of the price of the above goods. C. A’s waiver of the instant construction work and settlement agreement with the ordering person was already in progress at the time of the conclusion of the instant goods supply contract, but there was no high possibility of reorganization. After which the rehabilitation procedure was discontinued, A was declared as having been declared as having been discontinued.

A on December 30, 2014, Defendant C Co., Ltd., the client.

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