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(영문) 창원지방법원마산지원 2015.04.10 2013가합2689
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Text

1. Defendant B Co., Ltd.: (a) KRW 69,658,249 for the Plaintiff and KRW 5% per annum from August 9, 2014 to April 10, 2015.

Reasons

1. Basic facts

A. The Chho Shipbuilding Co., Ltd. (hereinafter “Chho Shipbuilding”) declared bankrupt 1) The Chho Shipbuilding Co., Ltd., Ltd. (hereinafter “Chho Shipbuilding”) is the Chho Shipbuilding’s factory located in 459-6, Dong Young-dong, Do, Dong Young-gu, Do (hereinafter “Chho

(i) Two vessels under construction, facilities and equipment for the construction of vessels, and original fishing vessel factories Co., Ltd. (hereinafter referred to as “the instant mining vessel factories”).

2) On February 15, 2012, Cho-ray was declared bankrupt by Changwon District Court No. 2012Hamb, Cho-ray was declared bankrupt on February 15, 2012.

B. On May 28, 2013, the trustee in bankruptcy of the Plaintiff’s facility and public organization purchase 1) sold 10,601 goods, including each item listed in the attached Table 2, to the Plaintiff at KRW 720,000,000 (value-added tax separate), and delivered the said goods on the same day on the same day. On May 30, 2013, the trustee in bankruptcy of the title 3 (2) of the title 12 through 14, 16, 18, 19, 223, 25, 27, 29 through 370, 300,000 (value-added tax separate) of the attached Table 1 attached hereto, the trustee in bankruptcy of the title 2 of the title 30,000,000 won paid all the purchase price to the Plaintiff on July 15, 2013.

On July 18, 2013, the Plaintiff paid the purchase price in full to Samho Shipbuilding.

3) On July 22, 2013, the Plaintiff entered into an additional agreement with the trustee in bankruptcy of Samho Shipbuilding and the sales contract described in the said paragraph (2) as follows.

In addition, on August 22, 2013, the Plaintiff made advance payment in accordance with the above additional agreement.

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