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(영문) 수원지방법원성남지원 2015.06.12 2014가단215283
식대금 청구의 소
Text

1. The plaintiff's action against the defendant I shall be dismissed.

2. The Plaintiff:

A. The defendant A is 17,617,600 won and this shall apply.

Reasons

1. With respect to a claim against Defendant I, a claim on property arising from a cause before the debtor is declared bankrupt, namely, a bankruptcy claim becomes final and conclusive and conclusive against the bankrupt, barring any special circumstance, barring any special circumstance, the effect of immunity shall be exempted by the effect of immunity, and the right to institute a lawsuit and the executive force thereof, which ordinarily has a natural obligation, shall be lost.

According to the records of this case, Defendant I’s decision to grant immunity on May 3, 2013 in Suwon District Court Decision 201Hadan8285, 201 8285, Defendant I became final and conclusive on May 21, 2013, and Defendant I cannot be deemed to have omitted the instant goods payment claim in bad faith in the case of declaration of bankruptcy and exemption. Thus, Defendant I’s liability for the instant goods payment claim was determined and exempted upon the said decision to grant immunity.

Therefore, the plaintiff's claim against the defendant I is unlawful because there is no benefit of protection of rights.

2. As to claims against Defendant A, B, C, D, E, F, G, and H

A. 1) The Plaintiff is a company whose main business is the grain cooking and food manufacturing business, and the Plaintiff provided meals under a contract with the said Defendants. 2) The Plaintiff is a food cost of KRW 17,617,600, which was not paid from around 2010 to Defendant A, a trade name of J, operated by the Plaintiff.

3) The food cost that the Plaintiff had not been provided with meals from May 2010 to Defendant B, who operated the trade name of K, is KRW 10,572,100. 4) The food cost that the Plaintiff provided from November 2009 to Defendant C, who operated the trade name of L, is KRW 1,759,450, and the food cost that the Defendant C paid to the Plaintiff KRW 616,000 among the food cost that the Plaintiff paid to the Plaintiff is KRW 1,143,450.

5 The food cost provided from January 2010 to Defendant D, who operates the trade name of M, is KRW 6,213,90, and Defendant D pays KRW 5,553,100 among them to the Plaintiff.

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