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(영문) 전주지방법원정읍지원 2017.12.19 2016가단2923

물품대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. A. Around August 2007, the Plaintiff supplied 5,000,000 won in total at E’s request, the representative director of D Limited Liability Company (hereinafter “Non-Party Company”). However, the Plaintiff filed a lawsuit against E for the payment of goods as the court’s 2010 Ghana3054.

B. On August 12, 2010, the non-party company participated in the conciliation intervenor E as of August 12, 2010, and the conciliation of the following (hereinafter “instant conciliation”) was established:

Conciliation Provisions

1. E and the non-party company shall be jointly and severally paid KRW 5 million to the Plaintiff, and among them, KRW 14 million up to February 28, 201, and KRW 14 million up to August 31, 201, and KRW 14 million up to February 28, 201, and KRW 14 million up to February 28, 201, and KRW 13 million up to August 31, 201 shall be paid in four installments until August 31, 2012.

2. If E and the non-party company delays the payment of the above installment, it shall lose the benefit of the time immediately, and shall pay to the plaintiff a delay interest calculated at the rate of 20% per annum from the day following the day when the benefit of time is lost to the day of full payment.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. E and the non-party company did not pay the amount of money due to the instant conciliation.

Meanwhile, the current status of the Defendant Limited Company B (hereinafter “Defendant Company”) and Nonparty Company’s head office are as follows, and Defendant C is a child of Nonparty E.

The defendant company's non-party company's trade business for the F Kim Jong-si's head office Kim Jong-si, wholesale business (food processing), trade business (food processing), G representative director of fishery products wholesale and retail business (from May 27, 2009 to May 27, 2009), H (from May 27, 2009 to April 1, 2010), C (from April 1, 2010 to July 24, 2008), C (from the time of establishment to July 24, 2008), and E (from July 24, 2008 to August 22, 2008), E (from August 22, 2008 to August 22, 2008), and the purport of pleading as to the whole of Gap's pleading / Each of the grounds for the admission / [Article 31 (1) of the Act on the Establishment of K