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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. A Co., Ltd. (hereinafter “A”) entered into a contract with the Defendant for the supply of goods, such as PC and LED TV (hereinafter “instant goods supply contract”) around 2014, and A supplied the Defendant with goods, such as PC and LED TV, from May 19, 2014 to December 27, 2018 under the instant goods supply contract.
B. As of December 27, 2018, the Customer Director (Evidence A 2) prepared and submitted by the Defendant to the Plaintiff refers to KRW 33,247,880, the balance of the credit account receivable owed by the Defendant against the Defendant.
C. On November 27, 2018, A was declared bankrupt by Seoul Rehabilitation Court No. 2018Hahap10392, and the Plaintiff was appointed as a trustee in bankruptcy.
[The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)
(D) The authority to manage and dispose of the bankrupt estate pursuant to Article 384 belongs to the Plaintiff, who is the bankruptcy trustee; hereinafter “Plaintiff”).
On December 17, 2018, the Plaintiff notified the Defendant of the payment of the credit account receivable under the instant goods supply contract by December 27, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 to 6, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of claim, the defendant calculated 15% per annum as prescribed by the Commercial Act from December 28, 2018 to March 25, 2019, the service date of the original copy of the payment order in this case, as the plaintiff seeks, from December 28, 2018 to December 25, 2019, and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) until May 31, 2019, and 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.