물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On December 4, 2013, the Plaintiff, as the representative of D, operated the manufacturing industry and refused to supply the goods by demanding the non-party company to pay 68,376,000 won of the defective amount of goods for which the application for corporate rehabilitation was filed on December 4, 2013, by using the gold type provided by the non-party company E (registration number F; hereinafter “the non-party company”).
B. Meanwhile, on December 2, 2013, the Defendant (registration number G) assumed office as the representative director of the Defendant’s company, changed the trade name from “stock company I” to “C”, and paid the price for the goods supplied from the Plaintiff to March 2014.
C. Since July 2014, the Plaintiff issued a tax invoice of KRW 26,087,60 in total to the Defendant, and issued a tax invoice of KRW 35,002,000 in total ( KRW 7,000,400 in total for five months from March 2014 to July 2014) to the Plaintiff of the non-party company.
The Defendant is the Plaintiff.
A total of KRW 61,089,60 on the tax invoice stated in paragraph (1) (=26,087,600 KRW 35,002,00) was suspended in the event that payment was not yet made up of KRW 17,089,20,000 on April 1, 2014 to December 30, 2016 (=61,089,600 KRW - 44,000,400).
E. Meanwhile, the Defendant changed the name on November 10, 2016 to B “stock company” in the same manner as the non-party company.
F. The Defendant filed a lawsuit for confirmation of the existence of an obligation against the Plaintiff by the Suwon District Court Branch Branch 2017Kadan5324 that the Defendant did not have an obligation against the Plaintiff to pay the purchase price of the goods to the Plaintiff of the non-party company, but the said court rendered a judgment dismissing the Defendant’s claim on March 7, 2018, and the said judgment became final and conclusive on March 29, 2018.
[Reasons for Recognition] Facts without dispute, Gap's 1 to 6, 8, and 9 (including branch numbers, if any).