물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. Plaintiff 1) The Defendant supplied heading and parts from the Plaintiff, and thus, the Plaintiff is obligated to pay KRW 54,498,400 to the Plaintiff. 2) The Plaintiff requested reimbursement from October 2014, and the Defendant promised to make reimbursement on May 29, 2015, June 1, 2015, and June 24, 2015, and thereafter, the Defendant prepared a repayment plan stating the individual resident registration number, and thus, is liable for the payment of goods.
3) The Defendant promised to repay the Plaintiff’s trust and delayed the procedure for filing a lawsuit and preserving claims, thereby reducing the responsible property, and planned and actively deceiving the Plaintiff, and thus, is liable for tort. (B) Defendant 1 is a stock company B, and the Defendant, the representative director of the said company, has no obligation to pay the Plaintiff individually.
2. There is no enemy who belongs to the plaintiff.
2. Facts of recognition;
A. The Plaintiff supplied goods to Company B from November 2013 to November 5, 2015, and the price not paid is KRW 54,498,400.
B. On May 29, 2015, written by the Plaintiff in the color list prepared by the Plaintiff for the bond management, stating that “The deposit will be made in KRW 20 million today: June 1, 2015: currency - June 4, 2015; and June 4, 2015: currency - June 6/5.”
C. “B” corporation, as of October 13, 2015, recognizes 60,204,400 won as of October 13, 2015 as the purchase obligation, and submits a repayment plan to the Plaintiff, as follows:
10,000,000 won: A repayment plan stating the name of the representative director (Defendant) and the identification number of the representative director, and the Defendant’s personal seal is not affixed, on October 30, 2015: KRW 10,000:0 on November 30, 2015; KRW 30,10,000 on December 31, 2015; KRW 10,204,40 on December 31, 2015; KRW 10,204,40 on January 31, 2016.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, 4, and 5, and the purport of the whole pleadings
3. Determination
A. It is proven that the Defendant was supplied with the goods.