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(영문) 의정부지방법원고양지원 2015.08.27 2015가단14481
물품대금
Text

1. The Defendant’s KRW 28,422,540 as well as the Plaintiff’s annual 6% from April 18, 2015 to April 30, 2015, and the following.

Reasons

From January 31, 2014 to February 28, 2015, the Plaintiff supplied the Defendant with goods, such as a one-time and operating 78,101,540 won, and the repayment amounting to KRW 49,679,00 among them, which the Defendant received from the Defendant as the price for the goods, may be recognized either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings as set forth in subparagraphs A through 3.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of 28,422,540 won (=78,101,540 won - 46,679,000 won) and damages for delay calculated at each rate of 20% per annum under the Commercial Act from April 18, 2015 to April 30, 2015, a copy of the complaint of this case was served on the Defendant, as requested by the Plaintiff, from April 30, 2015.

In response, the defendant asserts that the current individual rehabilitation procedure cannot respond to the plaintiff's claim. Thus, although the defendant applied for commencement of individual rehabilitation procedure as Busan District Court 2015 Ma24158, the defendant's claim for the price of the goods was included in the creditor's list and the individual rehabilitation procedure against the defendant was commenced, the act of receiving repayment or demanding repayment of individual rehabilitation claims can be suspended or prohibited, and even if the repayment plan is authorized, the act of litigation is not allowed as soon as the right is changed or invalidated, but as such, the defendant's argument is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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