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(영문) 수원지방법원여주지원 2020.01.15 2019가합11066
물품대금
Text

1. As to KRW 319,480,955 among the Plaintiff and KRW 304,110,248 among the Plaintiff, the Defendant shall start on April 1, 2019, and KRW 15,370 among the Plaintiff.

Reasons

1. Facts of recognition;

A. From March 2018 to April 2019, the Plaintiff supplied B corporation with raw and secondary materials on steel plates.

B. The Defendant is not paying KRW 319,480,955 out of the above material price.

Among them, the price of materials supplied in April 2019 is KRW 15,370,707.

C. On November 2, 2017, the Suwon District Court rendered a decision to commence rehabilitation procedures (2017 Gohap 10044) and to appoint a custodian with respect to the Company B, and on November 1, 2018, rendered a decision to authorize rehabilitation procedures for the said Company.

[Ground of recognition] A without dispute, Gap evidence Nos. 2-10, the purport of the whole pleadings

2. According to the facts of determination under paragraph (1), the Plaintiff’s claim for the payment of unpaid materials against the Defendant is a public-interest claim. The Defendant is obligated to pay to the Plaintiff the amount of the said KRW 319,480,955 and the amount of KRW 304,110,248 (the amount of the supply until March 2019) from April 1, 2019 to April 15, 370,707 (the remaining KRW 15,707 (the amount of April 2019) from May 1, 2019 to June 7, 2019, a copy of each complaint (payment order) under the Commercial Act from May 1, 2019 to June 7, 2019, and damages for delay calculated by 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is justified, and the part of the claim for damages for delay is dismissed. It is so decided as per Disposition.

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