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(영문) 의정부지방법원 2016.01.07 2014가단49579

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff engaged in the spawning production livestock industry with the trade name of “C” and supplied the eggs equivalent to KRW 75,832,000 from January 2013 to July 23, 2013 (hereinafter “D”) to D Farming Association D (hereinafter “D Association”). Since the Defendant is in a partnership with D Association, it is obligated to pay the price for the said goods to the Plaintiff.

2. As shown in the Plaintiff’s assertion, each entry in the evidence Nos. 12 and 13 is difficult to believe in light of the entries in evidence Nos. 25-2, and evidence Nos. 3-1 (i.e., evidence Nos. 9), 3-2 (i.e., evidence Nos. 8), and 9, the Defendant’s representative director is E, F, E, directors, and auditors of the D Association. The representative director of the D Association was F, E, and E’s spouse G, H, F, H, and H, and I were the representative directors of the D Association from September 1, 201 to February 13, 2013; it is difficult to view that G, F, and I owned 100% of the Defendant’s shares; J; supplied goods to P; supplied goods to P, and supplied goods to P; and Defendant 201.5 billion won of the purchase price to the Plaintiff Association; and Defendant 205 billion won of the purchase price to the Plaintiff Association.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.