Text
1. The Defendant’s KRW 85,243,719 for the Plaintiff and KRW 6% per annum from June 27, 2013 to February 5, 2014.
Reasons
1. Facts of recognition;
A. Although the Defendant Company was supplied by the Plaintiff with a total amount of KRW 130,218,836 (including value-added tax) including steel plates from February 25, 2013 to June 26, 2013, the Defendant Company paid only KRW 44,975,117 out of the price and did not pay the remainder amount of KRW 85,243,719.
B. On July 22, 2013, the Defendant Company filed a rehabilitation application with the Seoul Central District Court 2013 Ma140 on July 22, 2013, but decided to proceed with the so-called “workout” procedure on creditors, including the Plaintiff, and the postponement of the repayment period for obligations under the supervision of the Company Bank, and withdrawn the application for rehabilitation on August 13, 2013.
C. On July 25, 2013, the Plaintiff agreed to postpone the repayment period of the Defendant Company’s debt (hereinafter “instant agreement”) and drafted a grace agreement on the repayment of the debt.
- The agreement of this case - The said creditors (Plaintiffs) agree to postpone the repayment date until June 30, 2014 for the above amount of credit (128,467,746 won) of the debtor Jin-Sa Co., Ltd. (Defendants).
provided that:
1. It shall be deposited into an enterprise bank account in the name of the bondholder for the repayment of commercial debts each month from October 2013 to 50 million won, and it shall be deposited KRW 100 million each month from January 6, 2014 to June.
2. The above obligor shall reimburse all of the remaining claims of the foregoing obligee until June 30, 2016.
3. New transactions after the preparation of a written agreement shall be settled in cash by the tenth day of the following month.
By June 30, 2014, the date of deferment of the exercise of claims, the creditors agree not to consolidate the collection activities of separate claims, such as provisional seizure and seizure.
If the above provision is not implemented, this agreement shall become void. D.
On November 22, 2013, the Plaintiff applied for a payment order seeking payment of KRW 82,853,224 out of the price of the above goods to the Defendant Company and received a payment order under this Court No. 2013 tea6775 on December 2, 2013. The Defendant Company raised an objection against the above payment order, thereby proceeding of this case was proceeded.
Furthermore, the Plaintiff on January 2, 2014.