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(영문) 광주지방법원 2017.06.21 2016나7285

물품대금

Text

1. Of the judgment of the court of first instance, KRW 3,045,680 against the Plaintiff and its related thereto, from August 1, 2015 to June 21, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in wholesale and retail business of construction materials, and the Defendant is a company that engages in civil engineering and construction business.

B. On May 17, 200, the Defendant was established as Limited Company B, and the name of the Defendant was successively changed to Limited Company C on October 24, 2003, to Limited Company D on April 6, 2004, to Limited Company E on May 13, 2013, and to Limited Company A on October 12, 2015.

[Ground of recognition] Facts without dispute, Eul's entry in the evidence No. 1-3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① The Plaintiff supplied construction materials to the Defendant from August 20, 2010. However, the Defendant did not pay part of the price of the goods, and the price of the goods unpaid until July 31, 2015 is KRW 9,519,930 (the amount calculated by deducting KRW 11,358,350 from the total price of the goods).

Therefore, the defendant is obligated to pay to the plaintiff 9,519,930 won for the unpaid goods and damages for delay.

② G and H, the representative director of the F Co., Ltd., were directors and the representative director of each limited company E (the company before the Defendant changed his trade name), so it cannot be deemed that the F Co., Ltd. and the Defendant was not related. The Defendant acquired the F Co., Ltd.’s goods payment obligation against the Plaintiff.

B. Of the Defendant’s assertion against the Plaintiff, the Defendant’s payment obligation of KRW 3,045,680 (the Defendant’s payment obligation of KRW 3,045,580 in the written reply dated 11, 2016, which was issued under the name of a limited company E (Evidence A No. 2) is deemed to be the total sum of KRW 3,045,580 (the Defendant’s payment obligation of KRW 477,840 in the aforesaid six statements, but it appears to be a simple clerical error due to a mistake in the calculation. KRW 477,840 in the amount of KRW 659,560 in the said amount of KRW 1,010,680 in the said amount of KRW 392,70,90 in the said amount of KRW 306,900 in the said amount of money that was paid to

3. Determination

A. Determination of the cause of the claim (the scope of recognition of the price of the instant goods) in the name of a limited company E out of the price of the instant goods.