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(영문) 울산지방법원 2021.01.13 2020가단110204
물품대금
Text

1. The defendant shall pay to the plaintiff 180,508,786 won with 12% interest per annum from April 17, 2020 to the day of full payment.

Reasons

1. Basic facts

A. A. A Limited Company B: (a) was the Jeonju District Court 2018 meeting 11; (b) was decided to commence rehabilitation procedures on July 27, 2018; (c) was appointed as the manager C, the representative director; and (d) was decided to authorize the rehabilitation plan on May 21, 2019 (hereinafter “Defendant”). At the time, the Defendant was awarded a contract with D Co., Ltd. (hereinafter “Nonindicted Company”); (d) was partially awarded a contract for construction of F apartment in Yangsan-si; (e) the Plaintiff supplied goods, such as gas pipes, at the request of the Defendant from July 2018 to September 2019 upon obtaining permission from the rehabilitation court; and (e) on September 4, 2019, the Plaintiff’s price for the Plaintiff’s goods to the Defendant is KRW 180,508,786, totaled.

(c)

On September 4, 2019, the Defendant agreed to directly pay the price of the instant goods to the Plaintiff by the non-party company, but the Plaintiff made a written consent of the non-party company to the non-party that the obligation is extinguished only with respect to the amount that the non-party company received, including the repayment of the substitute goods, (hereinafter “the instant written consent of the non-party payment”).

2. According to the reasoning of the judgment below, the defendant is obligated to pay to the plaintiff the price of the goods of this case with public-interest bonds and the delayed damages for the following: (a) there is no dispute over the grounds for recognition; (b) Gap 1, 2, and 3; and (c) Eul 1, 2, Eul 1 and 2; and (c) the overall purport of the arguments.

Since the Defendant received apartment from the non-party company the repayment of the price of the instant goods as substitute property from G Housing Association, the Defendant extinguished all of the Defendant’s obligation to the non-party.

The argument is asserted.

Although the non-party company agreed to repay the price of the goods in this case to the Plaintiff with the above above above ground F apartment No. 1, such as Yangsan-si, Yangsan-si, the fact that the non-party company had completed the registration of transfer of ownership to the third party before completing the registration of transfer of ownership on the above real estate is not disputed between the parties, or that the whole purport of the arguments in each description of evidence No. 3 is recognized.

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