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(영문) 서울고등법원 2015.12.10 2014나60523
물품가공대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff, with the trade name of “B, engaged in the manufacturing business of gold-type parts, etc.” manufactured and supplied gold-type parts equivalent to KRW 180,510,00 (including value-added tax) to the Defendant, a company engaged in gold-type manufacturing business, etc. from December 2, 2012 to June 2013, and the Defendant did not pay the price for the goods.

B. On July 22, 2013, the Defendant filed a rehabilitation application with the Seoul Central District Court 2013 Gohap140, but decided to proceed with the so-called “workout program” under the supervision of a company bank, and requested creditors, including the Plaintiff, to postpone the repayment of the obligation, sent a written agreement for deferment of repayment of the obligation and the following contents:

The above creditors agree to postpone the repayment date until June 30, 2014 on the above amount of the credit set forth above by the debtor, the debtor, the debtor corporation, and the debtor corporation.

provided that:

1. It shall be deposited into an enterprise bank account in the name of the bondholder for the repayment of commercial debts each month from October 2013 to 50 million won, and it shall be deposited KRW 100 million each month from January 6, 2014 to June.

2. The above obligor shall reimburse all of the remaining claims of the foregoing obligee until June 30, 2016.

3. The settlement shall be made in cash for a new transaction after the preparation of a written agreement by the tenth day of the following month.

By June 30, 2014, the date of deferment of the exercise of claims, the creditors agree not to consolidate the collection activities of separate claims, such as provisional seizure and seizure.

In the event that this provision is not implemented, this agreement shall become null and void.

C. Accordingly, on July 25, 2013, the Plaintiff entered the Plaintiff’s trade name, representative, address, resident registration number, amount of credit 180,510,000 in the creditor column of the above document, and entered the Plaintiff’s seal imprint and sent it to the Defendant (hereinafter “instant agreement”) (hereinafter “instant agreement”), and the Defendant also has the same content as other creditors.

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