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1. The plaintiff's bankruptcy claim against A, a bankrupt corporation, shall be confirmed as KRW 90,574,772;
2. The defendant corporation.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a contract for the supply of goods (hereinafter “instant supply contract”) five times in total between December 28, 2015 and August 2016, as indicated below with Defendant A Co., Ltd. (hereinafter “A”), and supplied goods worth KRW 286,703,472 according to the instant supply contract.
On December 28, 2015, the contractual terms of the No. 101,200 of containers (TBR-A TYP 4) 68,355,100 on May 9, 2016 (TBR-A TY 4) 101,200,003 on June 13, 2016 (LT-YP 4) 101,200,000 of containers (LT-YY 4) 14,685,000 on July 14, 2016 (38SET), B/R 14,685,000 May 263, 2016, the aggregate of containers (4SET) 1,263,7263,703,4727.
B. The Plaintiff received only KRW 196,128,70 out of the price of the above goods from A, and did not receive the remainder of KRW 90,574,772 (=286,703,472 - 196,128,700).
C. Meanwhile, on March 2, 2017, while the instant lawsuit is pending, A filed a petition for bankruptcy with the Gwangju District Court 2017Hadan5003, which was declared bankrupt by the said court on May 19, 2017, and A was appointed as a trustee in bankruptcy and taken over the instant lawsuit against A.
(hereinafter referred to as “Defendant Attorney”) d.
On June 2, 2017, the Plaintiff reported the amount of KRW 90,574,772 as a bankruptcy claim under the instant supply contract, but the Defendant litigant denied this on July 10, 2017.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 8, Eul's 1 (including Serial number), the whole purport of pleading
2. According to the above facts of recognition as to the claim against the defendant's successor, barring special circumstances, the defendant's successor is obligated to pay 90,574,772 won in the balance of the goods price to the plaintiff, and the plaintiff's above goods price claim constitutes a bankruptcy claim as a property claim arising before the commencement of the bankruptcy procedure A, and thus, the plaintiff's bankruptcy claim against A is KRW 90,574,72.
2.3.