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(영문) 청주지방법원제천지원 2016.07.21 2016가단24
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 34,915,420 and the interest rate of KRW 15% per annum from June 1, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. National Health and Medical Consumer Cooperatives (hereinafter “instant cooperative”) is a corporation that establishes and operates a central effective convalescent hospital (hereinafter “instant hospital”).

B. On April 2, 2014, the instant cooperative filed an application for commencing rehabilitation procedures with the Chungcheong District Court 2014 Gohap9 (hereinafter “instant rehabilitation procedures”) (hereinafter “instant rehabilitation procedures”), and received a decision to commence rehabilitation procedures on May 15, 2014, and received a decision to grant authorization for the rehabilitation plan on January 19, 2015.

C. On April 28, 2014, the Plaintiff provided the instant cooperative with food materials for the inpatientss of the instant hospital. From April 28, 2014 to October 14, 2015, the Plaintiff supplied the instant cooperative or the instant cooperative, which became a debtor, with food materials, to the manager of the instant cooperative or the instant cooperative for the same period. During the same period, part of the said food materials were paid or exempted from payment from the instant cooperative or manager, and as of October 14, 2015, the Plaintiff provided the instant cooperative or manager from April 28, 2014 to October 14, 2015 remains 34,915,420 won.

On November 18, 2015, when the proceedings of this case were pending, the rehabilitation procedures of this case were decided to discontinue the rehabilitation procedures of this case, and the above abolition decision became final and conclusive on December 3, 2015.

On December 18, 2015, the Cheongju District Court declared bankrupt against the instant cooperative on the ground that “The instant cooperative is deemed to have a cause of insolvency or excess of debts, and thus, the Cheongju District Court declared bankruptcy ex officio pursuant to Articles 6(1), 305, and 306 of the Debtor Rehabilitation and Bankruptcy Act,” and appointed the Defendant as the trustee in bankruptcy on the same day.

After that, the Defendant took over the instant litigation procedure.

[Ground of recognition] Facts without dispute, and evidence Nos. 1 through 5 respectively.

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