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(영문) 서울고등법원 2017.09.21 2016나2007300

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant B in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of software development, supply, and distribution business. Defendant A (hereinafter “Defendant A”) is a stock company established for the purpose of the sale of hardware and software, manufacturing, maintenance, and repair business, and Defendant B is the only internal director of Defendant A.

B. On November 7, 2014, between the Plaintiff and the Plaintiff on November 7, 2014, C entered into a contract for the supply of goods to be supplied by the Plaintiff within 80,870,00 for the CPU and CPU to the Korea Centers for Disease Control and Prevention (hereinafter “instant supply contract”) and CPU 15-4690 CPU 200 and Samsung DDR 38GB 3-I2800 Memori (excluding value added tax), within 4 weeks after the delivery period, within 60 days after the delivery method, or within 3 days after the delivery date (hereinafter “instant first supply contract”), and received the said goods from the Plaintiff on the same day.

C. On November 8, 2014, C entered into a contract for the supply of goods under the name of the Defendant A, between the Plaintiff and the Plaintiff, to be supplied by the Plaintiff on the basis of the payment of cash settlement at the end of the following month of the delivery period (hereinafter “instant supply contract”) and on November 8, 2014. The Plaintiff received the said products from the Plaintiff on November 8, 2014.

C made a false statement to the Plaintiff that he would receive the price from the original office and pay the price for the goods even though the Plaintiff did not intend to pay the price for the goods under the above contract at the time of concluding the supply contract of the first and second cases.

E. On January 20, 2015, C committed suicide, and around that time, the testamentary book prepared was stating that “I used to pay personal debts to many customers including the Plaintiff, and Defendant B also made false statements to Defendant B.”

[Ground of recognition] A.