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1. The Defendant shall pay to the Plaintiff KRW 56,740,00 and the interest rate of KRW 15% per annum from August 17, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On October 2015, the Plaintiff entered into a contract for the supply of the beds with the Defendant, and thereafter, supplied the beds to the Defendant by January 2016.
B. The Plaintiff did not receive KRW 56,740,000, out of the amount of goods supplied by the Defendant.
C. On August 17, 2016, the Defendant filed an application for commencing rehabilitation procedures with the Daejeon District Court 2016 Ma5017, and received a decision on commencing rehabilitation procedures from the above court on October 26, 2016, and the Defendant’s joint management B and C took over the instant lawsuit and received a decision on commencing rehabilitation procedures pursuant to Article 286(2) of the Debtor Rehabilitation and Bankruptcy Act on the grounds that the liquidation value on April 10, 2017 is obviously higher than the continuous business value. As the said decision became final and conclusive on April 26, 2017, the Defendant again taken over the instant lawsuit.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the amount of KRW 56,740,000 payable to the plaintiff and damages for delay calculated at the rate of 15% per annum from August 17, 2016 to the day of complete payment, which is the day following the delivery date of the original copy of the instant payment order, sought by the plaintiff.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.