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(영문) 서울고등법원 2017.08.18 2017나2004179
물품대금
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 is a company engaging in steel wholesale retail business, and the Defendant is a company engaged in steel and steel product processing, manufacturing, etc.

B. From around 2012 to 2015, the Plaintiff refers to a product made from Chinese export companies in the form of crypting cryp to crypt crypt cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp.

After having received it, the defendant continued to be supplied with it.

C. Meanwhile, on the other hand, on February 21, 2011, the Defendant filed an application for commencing rehabilitation procedures with Daejeon District Court 201.6, and received a decision on commencing rehabilitation procedures from the said court on March 21, 2011, and C was appointed as a custodian at the time of the Defendant’s representative director.

On December 11, 2015, the Daejeon District Court approved the amendment draft rehabilitation plan to the effect that D Co., Ltd. (hereinafter “D”) will carry out rehabilitation procedures by acquiring and taking over the defendant (M&A). D paid in full the balance of the acquisition price of the defendant, and decided to terminate the rehabilitation procedure on February 18, 2016.

As of December 31, 2015, the credit sales amount of the Plaintiff’s account receivable against the Defendant stated in the president of the Customer is KRW 1,778,376,466, and the amount of credit purchase amount is KRW 963,373,440.

On February 23, 2016, the Plaintiff sent content-certified mail to the Defendant, seeking payment of KRW 815,003,026 (=1,778,376,466 - 963,373,440) (i.e., the balance) after offsetting the credit account and credit purchase amount from an equal amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 2 and 5, and the purport of the whole pleadings

2. Determination

(a) The financial statements of the company which judged the cause of the claim and the audit report stating the result of the audit conducted by the external auditor shall be the accurate financial status of the company in question.

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