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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 28, 2017, the Plaintiff, under the trade name of “C”, engaged in manufacturing, wholesale and retail business, entered into a contract with D (hereinafter “D”) to manufacture and supply goods for export in China (hereinafter “instant contract”). On January 24, 2018, the Plaintiff entered into a payment guarantee note that the Defendant would pay KRW 74,964,780 for the price of goods under the instant contract (hereinafter “the instant letter”) with D and D (hereinafter “D”).
B. The Plaintiff supplied the goods to D under the instant contract. Between D and D on May 8, 2018, D and D paid 72,193,140 won for the goods (E payable KRW 63,872,811, KRW 5,979,080 on March 11, 2018, KRW 20,341,250 on April 11, 2018) to the Plaintiff. The Plaintiff paid KRW 20,000,000 to the Seoul East Eastern District Court 2018Kadan739 provisional attachment cancellation application, and the remainder is 10,000,000 won until September 11, 2018 to the Seoul Eastern District Court 200,000 won for damages and all other criminal claims against the Plaintiff, and the Plaintiff withdraws the lawsuit to the Seoul East Eastern District Court 205,000 won for the damages and all other criminal claims against the Defendant.
(hereinafter referred to as “instant agreement”). C.
On May 8, 2018, pursuant to the instant agreement, the Plaintiff filed an application for the rescission of the foregoing provisional seizure. On May 11, 2018, the Seoul Eastern District Court 2018Kadan6502, as to D, withdrawn the lawsuit claiming the purchase price of goods and the lawsuit claiming the purchase price of goods against the Defendant at the same court 2018Kadan6298.
D On the other hand, on May 11, 2018, filed a petition for rehabilitation with the Seoul Rehabilitation Court 2018 Gohap10097
6. 4. A decision to commence rehabilitation was made, and the rehabilitation plan was approved on October 10, 2018, and the rehabilitation procedure was completed on December 13, 2018, and the contract amount claim in this case.