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(영문) 서울남부지방법원 2017.09.07 2017가합100742
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 430,825,275 and the interest rate of KRW 15% per annum from February 1, 2017 to the day of complete payment.

Reasons

Based on the facts, on December 16, 2016, the Plaintiff and the Plaintiff, a company engaged in the wholesale business of aluminium raw materials of Aluminium under a contract with the Plaintiff and the Plaintiff entered into a contract with A (hereinafter referred to as “viable debtor”) to supply 300 tons per ton of 2,175,000 tons of AL9 (hereinafter “AL9.7% mincin”) to AL, a company engaged in the business of manufacturing, processing, recycling, etc. of Aluminium, and to supply goods to B,175,00 won until January 15, 2017; and the method of paying the goods on the date of receiving the goods.

(2) On January 4, 2017, the Plaintiff supplied the debtor with 100.81 tons of Aluminium and 129.42 tons of Aluminium on the 5th of the same month in accordance with the instant supply contract. The debtor provided the debtor with 50,825,275 won [2,175,00 won x 10.81 tons x 100 x 2,175,000 won x 1.2,129.42 x 1.1 x x 129.42 x 1), which is a part of the supply contract of this case] on the 11st of the same month.

On January 10, 2017, the rehabilitation debtor filed an application for commencing rehabilitation procedures with the Seoul Rehabilitation Court on January 10, 2017, including a decision to commence rehabilitation procedures for the rehabilitation debtor and a report of the plaintiff's claim, and the decision to commence rehabilitation procedures for the rehabilitation debtor was rendered on January 26, 201, and the defendant who was the representative director of the rehabilitation debtor was the custodian.

Upon preparing a list of rehabilitation claims, etc., the Defendant classified the Plaintiff’s remaining amount of KRW 430,825,275 (won 550,825,275 - KRW 120,000,000, hereinafter “instant claim”) as rehabilitation claims; and the Plaintiff has the same year.

2. 23. The instant claim is reported as a public-interest claim or preliminary rehabilitation claim, and the claim registration statement was submitted to the rehabilitation court.

The defendant for the same year

3. 9. The submission of a review report on rehabilitation claims, etc., and all of the claims of this case were recognized.

[Reasons for Recognition] There is no dispute.

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