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(영문) 부산지방법원 2018.02.07 2017가단301120
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 79,498,903 and the interest rate of KRW 15% per annum from January 17, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. In order to produce motor vehicle parts, the Defendant awarded to A (hereinafter “A”) a contract for heat processing, processing, and processing to E Co., Ltd. (hereinafter “E”), and separately paid the price to each company in charge. For the convenience of the Defendant’s payment and delivery within the payment period, the payment shall be determined by mutual agreement between the company in charge of each process and the company in charge of each process. However, the payment of the price for painting and processing was made to the company prior to the rehabilitation; if the price for painting and processing is paid to F in a lump sum, the rehabilitation company shall pay the price for heat treatment to D; if the price for painting and processing was paid to F; and the F shall pay the price for painting to E, from June 2015, to the company prior to the rehabilitation.

B. On April 8, 2016, Busan District Court 2016 Ma1005 filed an application for rehabilitation procedure renewal on the following: (a) the rehabilitation company has KRW 232,923,447 with respect to the Defendant; (b) the obligation is KRW 13,374,240 with respect to E; and (c) the obligation is KRW 66,124,63 with respect to D.

C. Accordingly, the defect that if E and D did not receive the price from the company prior to the rehabilitation, they cannot normally proceed with the subsequent transaction, and the Defendant, on April 22, 2016, notified the Defendant of the acquisition of the total amount of KRW 79,498,903 from E and D as to the company prior to the rehabilitation (hereinafter “acquisition of the instant claim”) for the purpose of facilitating the transaction of supplying motor vehicle parts in the future, and on April 25, 2016, set off the said supply price against the Defendant of the company prior to the rehabilitation within the scope equivalent to KRW 232,923,447, which is equal to the said supply price.

The defendant fully repaid the remainder of the debt that remains after deducting the above KRW 79,498,903 to the company prior to the rehabilitation, and also paid the money corresponding to the above acquisition claim to E and D.

On May 23, 2016, a company prior to rehabilitation was decided to commence rehabilitation procedures.

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