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(영문) 부산고등법원 2016.07.27 2016나1328
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance except for the part ", however, no one shall be any more or more" as stated in the following part of the judgment of the court of first instance, and therefore, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(A) However, in light of the following circumstances revealed in light of the overall purport of Gap evidence Nos. 2 and 3 as a whole, it is determined that the defendant, the debtor, was aware of the existence of the claim for the price of the goods of this case, and did not enter the details in the list of creditors in bad faith. ① The plaintiff's claim for the price of the goods of this case against the defendant is not only a large amount of money that is close to KRW 300 million, but also the goods supplied by the plaintiff are the materials of the defendant, and it is difficult to understand that the defendant, the bankruptcy petition was not known of the existence of the claim for the price of the goods of this case for reasons of business depression, etc. in light of the general transaction concept. ② The defendant did not raise an objection despite being served with the above payment order on June 27, 2005, and the payment order became final and conclusive, and the defendant did not enter the claim for the goods of this case in the list of creditors after two years have elapsed since the delivery date of the above payment order on July 18, 2007.

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