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1. The plaintiff's rehabilitation debtor B shall confirm that the rehabilitation claim for the plaintiff's rehabilitation debtor B is 26,034,800 won;
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On November 27, 2015, the Defendant awarded a contract for D apartment construction to Gangnam-si Co., Ltd. (hereinafter “F”), which is the place of ordering, and subcontracted the general electrical construction part to F Co., Ltd. (hereinafter “F”).
B. On June 2017, the Plaintiff entered into a supply contract with F to KRW 26,034,80 with the contract amount of KRW 26,034,80, and completed the supply of electric equipment at the construction site of the said D Apartment on June 2, 2017.
C. The F made it difficult for the F to pay the price of the above goods, and made a direct payment agreement with the Plaintiff (hereinafter “instant direct payment agreement”) around August 2017, and made it possible for the Defendant on August 23, 2017, and on August 23, 2017, the F made a direct payment request for the supply of general electrical construction materials from among the construction of Gangnam Apartment Construction Co., Ltd. (hereinafter “instant direct payment request”).
(D) On the other hand, on February 27, 2018, G, who was the representative director at the time when the rehabilitation procedure was commenced as the Seoul Rehabilitation Court 2018 Ma10033, and was appointed as the legal administrator of the debtor B’s company, reported the amount of KRW 26,034,80 of the instant goods as the rehabilitation claim. On April 18, 2018, G was denied on the grounds that the instant lawsuit was pending on April 18, 2018, and the rehabilitation procedure for the debtor B was completed [the grounds for recognition] on November 7, 2018.
2. Determination of the defendant's obligation to pay goods;
A. (1) The Plaintiff’s assertion (1) is liable for the Defendant to pay KRW 26,034,80 to the Defendant of F transferred pursuant to the instant direct payment agreement, and thus, the Defendant as a rehabilitation claim against the Defendant.
(2) The defendant's assertion is the defendant.