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(영문) 서울서부지방법원 2020.11.20 2019나34569
임가공비
Text

Upon the request of the court for a change in exchange, the plaintiff is 65,858,649 won against the bankrupt debtor B.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the principal household and the manufacturing and selling business of receiving households, and B is an individual entrepreneur who runs the business of installing furniture and singing rooms in the trade name of “E”.

B. As to the construction of a new 336 household unit G G G G G G G H, which C corporation newly built, B entered into a contract for the supply of goods (materials) between the contract amounting to 2,296,80,000 won and the payment period from July 20, 2018 to February 13, 2019 with the I stock company (hereinafter “I”), and supplied and installed a household to the said apartment unit.

C. The Plaintiff processed the materials provided by the “E” to supply the main household to the said multi-family housing, and received the production drawings of the said multi-family housing prepared by the person in charge of the “E” from the person in charge of the said apartment-family housing, and prepared a quotation (the document No. 2, the aggregate amount of which was 65,165,00 won) on July 19, 2018, and provided them to the “E”.

Since then, on October 201 and November 2018, the Plaintiff produced a main household as the material provided by “E” and supplied the main household to the said multi-family housing. On December 31, 2018, the Plaintiff prepared a final statement of the amount of KRW 66,871,50 in total with the third estimate, or KRW 2,880,000 in total with the 66,871,50 in total with the 3rd estimate, or among them, provided to E.

E. B was declared bankrupt on September 2, 2019 by Seoul Rehabilitation Court Decision 2019Hadan102063, and was appointed as the trustee in bankruptcy B, the bankruptcy debtor B, the trustee in bankruptcy, the trustee in bankruptcy, who in charge of the lawsuit of Defendant B (hereinafter “defendant in charge of the lawsuit”), and the trustee in charge of the lawsuit of this case took over the litigation of this case in B.

F. In the above bankruptcy procedure, the Plaintiff reported the bankruptcy claim regarding the claim for expenses incurred in processing the instant case, but the Defendant litigant raised an objection to the entire claim.

[Ground of recognition] There is no dispute, Gap evidence 1 to 8, Eul evidence 5, and this court's I.

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