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(영문) 부산지방법원 2015.02.11 2014가합46498
물품대금
Text

1. The Plaintiff’s rehabilitation claim against A is KRW 228,90,000 and the Plaintiff’s rehabilitation claim is fully repaid from December 28, 2012.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of selling medical appliances and medical expendable goods, and the Defendant is a person who runs the business of “B” from September 1, 201.

B. On September 18, 2012, the Plaintiff entered into a contract between the Plaintiff and the Defendant to supply Class 15 medical devices, such as interference wave therapy devices, to KRW 136,700,000, and for the same year.

9. On October 17 of the same year, the medical device supply contract was concluded with respect to the medical device with a total of KRW 326,900,000 in the amount of KRW 132,20,000 (hereinafter “the instant product supply contract”), and the medical device was supplied to the Defendant under the above contract, including additional supply of KRW 10,000,00 in the amount of KRW 336,90,000 (hereinafter “the instant product purchase contract”). On October 17 of the same year, the medical device supply was made to the Defendant in the amount of KRW 336,90,000,000 (hereinafter “the instant product purchase price”).

2) On September 20, 2012, the Plaintiff issued each electronic tax invoice of KRW 76,700,000 for the instant goods; KRW 58,000,000 for the instant goods; and KRW 202,200,00 on February 28, 128 of the same year; and KRW 3) on January 9, 2014, the Plaintiff received KRW 50,000 from the Defendant as part of the instant goods; the Plaintiff entered into a goods supply contract with the Defendant on October 17, 2012, KRW 1 (EWT) for the medical device of KRW 58,00,000 for which the Plaintiff supplied by entering into a goods supply contract with the Defendant with the Defendant as of October 17, 2012, it is recognized that the Plaintiff recovered the medical device from Nonparty 1, a supplier, to the Defendant, and recovered it from the Defendant.

C. (1) On July 1, 2014, the Defendant was issued a ruling of commencement of rehabilitation in the Changwon District Court 2014dan1003 Decided July 1, 2014, and the Defendant was voluntarily deemed a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act. (2) The Plaintiff’s claim for the price of goods against the Defendant in the rehabilitation procedure against the Defendant is KRW 228,90,000,000.

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