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(영문) 서울중앙지방법원 2017.02.06 2015가합551609
물품대금
Text

1. The plaintiff's bankruptcy debtor's bankruptcy claim against Youngjin-Tech Co., Ltd. shall be confirmed as KRW 174,184,726;

2...

Reasons

1. Basic facts

A. Youngjin-gu Co., Ltd. (hereinafter “Yjin-gu”) was requested to manufacture and supply clothing products from LF, Co., Ltd., Ltd. (hereinafter “Yjin-gu”) such as a cligal gallon, galmal gallon, plym flym, and a fly flympia, etc.

B. From July 2014 to March 2015, the Plaintiff entered into a supply contract under which the Plaintiff would deliver the clothing products in the way of complete payment, as indicated in the separate sheet and the details of supply (hereinafter “instant supply contract”) on four occasions from July 2014 to March 2015.

The Plaintiff supplied clothing products to Jinti in accordance with the above supply contract, and received total amount of KRW 390,737,984 from Jinti to Mar. 31, 2015 from Nov. 14, 2014 to Mar. 31, 2015.

C. Youngjin was declared bankrupt on May 31, 2016 by the Seoul Central District Court 2016Hahap10076.

In the above bankruptcy procedure, the plaintiff reported the remaining goods price, etc. as bankruptcy claim, but the defendant, the bankruptcy trustee, raised an objection on the claim inspection date.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was to supply clothing products equivalent to KRW 707,135,880 to Jinti as a total under the instant supply contract, but the Plaintiff did not receive KRW 316,397,896 out of the price of the goods.

In addition, the Plaintiff received orders from Jinti (Contract No. 4-22) from Jinti on December 2014 and disbursed KRW 7,865,645 for the purchase of raw materials and subsidiary materials for the manufacture of clothing. However, the Plaintiff suffered damages equivalent to the above cost on the wind arbitrarily cancelled the above order by the Jinti.

Therefore, the aggregate amount of each of the above amounts should be confirmed as bankruptcy claim.

B. 1) We examine the claim for the amount of unpaid goods (A) and examine the aforementioned evidence, and the purport of the whole statement and arguments as to Gap 22-26.

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