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1. The Defendant shall pay to the Plaintiff KRW 11,30,000 and the interest rate of KRW 15% per annum from July 19, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The mobile phone (hereinafter only referred to as the “ mobile phone”) ordered the construction of 28 million won among the claim for the construction payment against the Defendant, the subcontractor, on December 16, 2015, and notified the Defendant of the transfer of 28 million won among the claim for the payment of the construction payment against the Defendant, who is the subcontractor, and on the same day, it was drafted that the mobile phone and the Defendant agree to directly pay the said KRW 28 million to the Defendant, the subcontractor, as the subcontractor, on December 22, 2014 through May 30, 2016.
B. Since then, around April 15, 2016, the Defendant received KRW 11,30,000,000 from the Defendant’s claim for construction payment that he/she received from the Gyeongsung.
C. Meanwhile, Ephones did not receive part of the construction cost of DD around August 2014, and experienced difficulties in operating from around August 2015, and from the end of January 2016, the company’s business was suspended by withdrawing all of its employees without being supplied with materials. The net loss in the year 2015 was 274,153,656 won, and the total amount of assets as of December 31, 2015 was 31,340,322 won, and the total amount of liabilities was 529,247,183 won.
Accordingly, the ephones are filed with the Seoul Central District Court on February 26, 2016 by filing a petition for bankruptcy on or around the same year.
4.5. Seoul Central District Court 2016Hau10024 declared bankrupt, and the Plaintiff was appointed as bankruptcy trustee.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. Determination
A. Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act, which the debtor knows that the cause of the claim is prejudicial to the bankruptcy creditor, shall be determined by the bankruptcy trustee.