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(영문) 서울남부지방법원 2016.03.31 2015가합2936
물품대금
Text

1. The Defendant’s KRW 1,204,246,447 as well as 6% per annum from July 16, 2015 to March 31, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Cases Co., Ltd. (i.e., trade name before the alteration: KNE (hereinafter “KNE”) are companies with the purpose of manufacturing, processing, selling, leasing, repairing, etc. of computers and peripheral devices, and the Defendant is a company with the purpose of manufacturing, distributing, etc. of computer parts and peripheral devices.

B. KNNE entered into a contract with the Defendant for the supply of goods related to computer parts and peripheral devices, etc., and the Defendant was paid KRW 39,026,443 as the price for goods supplied on December 30, 2013 by the Defendant, with the amount equivalent to KRW 860,16,945 on December 30, 2013, KRW 359,459,265 on January 31, 2014, KRW 333,716,053 on February 28, 2014, and KRW 39,026,443 on December 30, 2013.

C. On March 21, 2014, the rehabilitation procedure was commenced as Seoul Central District Court 2014 Mahap555 with respect to the KNco, and on the same day, the Plaintiff was appointed as a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5 (including branch numbers in case of additional numbers), the purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant’s payment of the goods 1,514,315,820 won (=860,166,945 won 359,459,265 won - KRW 333,716,053 won - 39,026,443 won, and hereinafter “the price of the goods in this case”).

(1) Of the goods supplied on December 30, 2013, KRW 821,140,50,502 (i.e., KRW 860,166,945 won - KRW 39,026,443 after the date of the supply of the goods, as sought by the Plaintiff, for KRW 359,459,265 of the goods supplied on March 1, 2014; and for KRW 333,716,053 of the goods supplied on February 28, 2014, as sought by the Plaintiff after the date of the supply of the goods.

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