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(영문) 서울남부지방법원 2019.01.24 2017가단9606

물품대금

Text

1. Defendant B’s KRW 130,000,000 as well as 12% per annum from November 3, 2014 to July 2, 2018, respectively, to the Plaintiff.

Reasons

1. The Defendants, in fact, registered the business under Defendant B’s name with the trade name “D” between husband and wife and sold and leased construction materials.

The Plaintiff is the representative director of E Co., Ltd. (hereinafter referred to as “E”) established for the purpose of steel bars, concrete construction business, construction materials manufacture, sale, lease business, etc.

(F) Around two occasions in 2013, two times in 2014, and two times in 2014, the Plaintiff immediately resigned from the period during which the Defendants and D were appointed as the representative director of the said company. On September 13, 2012, the Plaintiff drafted a sales contract with the content that: (a) between G and G in the same business relationship with the Defendants as of September 13, 2012; (b) the Plaintiff sells the separate construction site for KRW 200 million; (c) G shall pay the purchase price in five years each year; and (d) G shall pay the amount calculated at a rate of 1% per month (2 million won) out of the purchase price.

(hereinafter “instant sales contract”). G affixed a name tag consisting of “D Company B” on the guarantor column of the said sales contract, and attached a seal affixed thereto, which read “D representative director”.

On April 3, 2014, the Plaintiff and G drafted a modified sales contract containing the same content as the above sales contract and the same form of the contract stating “70 million won out of the total amount of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

Defendant B remitted each of the KRW 40 million on November 13, 2013 to the Plaintiff’s deposit account, KRW 1.3 million on February 27, 2014, KRW 2.6 million on July 4, 2014, KRW 1.3 million on September 3, 2014, KRW 1.3 million on September 13, 2014, KRW 1.3 million on September 3, 2014, KRW 1.3 million on October 31, 2014, and KRW 1.3 million on December 19, 2014.

On the other hand, G and the Defendants agreed on December 23, 2016, when entering into an agreement on the partnership business with regard to D, they set up a contract for termination, and "the contract for termination of the partnership business".

paragraph 3. of the contract.