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(영문) 서울중앙지방법원 2021.01.13 2019나52470
물품대금
Text

1. The plaintiff's rehabilitation claim against the defendant is 147,306.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and engages in wholesale business, etc. of fibers, and the Defendant is a company that engages in processing business, etc. of fibers.

B. From June 2008 to March 2013, the Plaintiff traded raw materials with the Defendant.

Specifically, if the Defendant requests the Plaintiff to designate a factory site and supply the goods to the Plaintiff, the Plaintiff was engaged in the transaction by directly sending the original goods to the factory site designated by the Defendant, such as C, and the Plaintiff was engaged in the transaction by directly sending the original goods to the factory site designated by the Defendant.

(c)

The Plaintiff filed the instant lawsuit against the Defendant seeking payment of the unpaid amount of KRW 137,572,895 and delayed damages, and received a judgment in favor of the Defendant on August 21, 2019.

After October 30, 2019, the decision to commence a simplified rehabilitation procedure (No. 147 meetings between Suwon District Court 2019) was made against the defendant on October 30, 2019, the plaintiff is an amount calculated by the first instance judgment of KRW 168,871,670 as rehabilitation claims (i.e., the amount of delayed damages of KRW 137,572,895 as damages for delay up to the day prior to the decision to commence a simplified rehabilitation procedure (No. 31,298,775).

15,423,240 won [ = 137,572,895 won x 0.06 x 682 days (number of days from December 31, 2016 to November 12, 2018) / 365 won] 15,875,535 won [=137,572,895 won x 0.12 x 0.12 days (number of days from November 13, 2018 to October 29, 2019) / 365 won] = 31,298,775 won (amount below the total amount of calculation ; hereinafter the same shall apply) / 137,5795] / 137,5895 won from the date on which a simplified rehabilitation procedure commences to the date on which a complete return is made.

At the time, the custodian of the defendant raised an objection to the whole rehabilitation claim on the ground that the lawsuit in this case is in progress.

The defendant's rehabilitation plan was authorized on February 19, 2020, and the above simplified rehabilitation procedure was completed on July 6, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1-9, the purport of the whole pleadings

2. The parties' assertion

A. From September 24, 2012 to March 27, 2013, Plaintiff supplied the original unit to the Defendant as shown in the attached Table, and the amount of goods excluding the portion of goods returned is 634,204.

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