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(영문) 인천지방법원 2018.04.26 2017가단13068
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,042,065 and the interest rate of KRW 15% per annum from March 28, 2017 to the date of complete payment.

Reasons

1. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings as to the cause of the claim, the Plaintiff is obligated to pay damages for delay at the rate of 15% per annum from February 1, 2016 to November 18, 2016, to the Defendant for the supply of the products, such as her sexual intercourse, and for the payment of the unpaid amount, 33,042,065. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 33,042,065 per annum and 15% per annum from March 28, 2017 to the day after the delivery of the copy of the instant complaint.

2. As to the defendant's argument

A. The parties’ assertion 1) The Plaintiff supplied goods to the Plaintiff from around 2008 when the Korea non-ferrous Metal Co., Ltd. (hereinafter “Korea non-ferrous Metal”), and the Seohae Chemical (hereinafter “Sol Chemical”) supplied the goods to the Plaintiff, the Plaintiff has been continuously engaged in transactions on the condition that the goods are repaid to the Defendant and the Korea Gold Industry Co., Ltd. (hereinafter “Solchi”) in return for payment. Since the Plaintiff continued to pay the goods to the Defendant after filing an application for commencing the commencement of the rehabilitation procedure in early 2016, the Plaintiff did not have the obligation to pay the goods to the Plaintiff. 2) The Plaintiff traded goods with the Literacy Chemical, Korea-U.S. and the Defendant, with the focus on the Seohae Chemical, and conducted transactions by offsetting the Plaintiff and the Defendant, Korea-U.S., and the goods claims and obligations arising from the Seohae Chemical, with the exception of KRW 400 million on January 30, 2015.

In addition, the defendant cannot set off the rehabilitation claim against the plaintiff after the decision on commencing the rehabilitation procedure is made.

B. In fact, the Plaintiff filed an application for commencement of rehabilitation procedures, including goods payment obligations for the Korea-U.S. Non-U.T. 2016 U.S. District Court Decision 2016 Ma1002, and was ordered to commence the rehabilitation procedure on February 18, 2016, and the rehabilitation plan was approved on June 27, 2016.

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