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(영문) 서울중앙지방법원 2018.04.06 2016가단155186 (1)
물품대금
Text

1. The Defendant’s KRW 125,644,419 as well as 5% per annum from January 1, 2016 to January 4, 2017 to the Plaintiff.

Reasons

1. The Plaintiff, who is a clothing manufacturer, has a total of 329,591,150 won (i.e., 196,704,00 won (ii) Chapter 4 of Promissory Notes 196,704,00 won (ii) Chapter 2 of the transaction statement (iii) KRW 36,878,60 of the transaction statement ③ KRW 96,08,550 of the transaction statement issued in common) to the clothing selling company (hereinafter “existing commodity price”).

C In November 1, 2012, upon the decision to commence a company (this Court 2012 Gohap 198 rehabilitation), D, which was the former representative director, acquired the status of a legal administrator according to the court's decision to dismiss the administrator.

D, around November 2012, it was suggested that the Plaintiff can live through the company reorganization procedure, and that the supply of clothing will first be settled in cash when it resumes the supply of clothing.

The Plaintiff supplied clothing equivalent to KRW 276,845,580 in addition to C around November 2012, but did not receive KRW 89,223,580 out of the price of the goods.

C was decided to discontinue the rehabilitation procedure on February 6, 2013 on the ground that the liquidation value is higher than the continued business value, and later, the Incheon District Court and Chuncheon District Court filed a rehabilitation application, but all of them were dismissed.

The Plaintiff demanded that C settle the price of the existing goods and the price of the additional goods (hereinafter referred to as “the price of the goods in this case”) against D, which is likely to be able to be reinstated by C.

D On July 15, 2014, on the part of the Plaintiff, C and the Defendant (the representative E shall be subject to D punishment) issued a life-sustaining confirmation letter (hereinafter “instant confirmation letter”) stating that “I will undertake to pay 30% of the amount of C defaulted bonds to the Defendant. By December 31, 2015, the payment deadline shall be December 31, 2015.”

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant is equivalent to 30% of the price of the instant goods (329,591,150 won 89,223,580 won) borne by C to the Plaintiff according to the instant confirmation document.

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