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(영문) 서울남부지방법원 2015.06.18 2015나1531

매매대금 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that: (a) the Plaintiff supplied 23,697,000 won to the Defendant during the period from August 25, 2012 to August 21, 2012; (b) the Plaintiff did not receive KRW 13,678,00; and (c) the Defendant did not make a transaction with the Defendant, but rather made a transaction with B (hereinafter “B”).

2. Comprehensively taking into account the purport of the whole arguments as to whether the Plaintiff supplied over-the-job to the Defendant with the Defendant as the party to the transaction, the Plaintiff supplied over-the-jobs to the Defendant as the party’s representative director, and the testimony of the party witness C from August 25, 2012 to September 21, 2012, upon the Defendant’s request for supply, supplied over-the-jobs amounting to KRW 23,697,00 to the store run by B. The details of transactions prepared and kept by the Plaintiff are indicated as the Defendant. The Defendant’s punishment D is not registered as the party’s officer but substantially operated B. The Defendant’s wife was registered as the party’s representative director as of August 27, 2012. It is recognized that the Plaintiff was transferred to the Plaintiff under the name of personal F, but that the Plaintiff was not the party to the contract, and that there was no party to the contract that the Plaintiff was supplied with the Plaintiff’s name as the party to the transaction.