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(영문) 부산지방법원 2017.09.15 2016가단37286

매매대금

Text

Defendant B shall pay to the Plaintiff KRW 174,229,290 as well as 6% per annum from February 1, 2015 to July 1, 2016.

Reasons

Facts of recognition

During the period from August 2014 to January 2015, the Plaintiff engaged in textile manufacturing business, etc. supplied extreme sensium (Acryptian) to the Do Government-si D Co., Ltd., Ltd. (hereinafter referred to as “Scrypt Company”) located in Defendant B as the representative director.

On August 18, 2015, the Plaintiff attached Form to the non-party company

1. Details proving attempted facts, and attached Form B to Defendant B;

2. Each of the instant documents evidencing the details of the attempted attempt were sent, but no reimbursement was made (hereinafter “instant content certification”). Ultimately, on September 8, 2015, the instant court filed a lawsuit claiming payment of KRW 117,409,240 of the remaining goods price against the non-party company, claiming payment of KRW 117,409,240 of the remaining goods price.

(hereinafter “Related Cases”). There was no dispute over the fact that the remaining price of the goods is KRW 117,409,240 in a related case, but Defendant B was deemed to have been exempted from the obligation to pay the said goods to the Plaintiff of the non-party company on March 3, 2015 (hereinafter “instant assumption of obligation”). A judgment dismissing the Plaintiff’s claim on April 1, 2014 was rendered and confirmed around that time.

On October 14, 2014, Defendant C (the father of Defendant B) remitted KRW 50,000,000 to the account under the name of the wife of F, the representative director of the Plaintiff, and Nonparty C transferred KRW 30,000,000 to the Plaintiff on October 31, 2014.

(hereinafter referred to as “instant remittance”), . [Grounds for recognition] without dispute, each entry of Gap 1, 3, 5 through 7, 18, and Eul 1 (including a serial number; hereinafter the same shall apply) and the whole purport of the pleadings, the part of the transaction that issued the tax invoice in the name of the non-party company as to the claim against the defendant Eul as to the claim against the defendant Eul, the defendant exempted the non-party company from the obligation to pay the price for the goods to the plaintiff of the non-party company. Since the remaining price for the plaintiff of the non-party company was 17,409,240, as seen earlier, the defendant is obligated to pay the above amount and damages for delay to the plaintiff.

(b) Tax invoices;