beta
(영문) 대구지방법원서부지원 2019.06.13 2018가합53157

물품대금

Text

1. The Plaintiff, Defendant B, and Defendant C and D are jointly and severally and severally with Defendant B.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in textile manufacturing, textileing, etc.; Defendant C is a company that engages in wholesale trade business, etc. under the trade name of “E; Defendant D is a spouse of Defendant C; and Defendant C is a company that engages in wholesale trade business, etc. under the trade name of “F.”

Defendant B (hereinafter “Defendant Company”) is a company established by Defendant C and D to conduct wholesale and retail trade business, and Defendant D is in the position of its representative as an internal director of the Defendant Company.

B. The Plaintiff and the Defendants’ transaction details 1) Defendant C, around 2012, supplied the original group ordered by Defendant C from his customer to the Plaintiff between the Plaintiff and the Plaintiff, 50% of the original processing fee and the main (Interim profit) (including 50% of the customs refund paid by Defendant C for exporting the original group).

(2) While the Plaintiff continued to engage in such transactions, Defendant C discontinued E and opened the F as Defendant D’s representative on December 30, 2013, following the Plaintiff’s agreement to pay the Plaintiff, which was ordered by Defendant C to deliver the original unit upon receiving an order from Defendant C, and the transaction relationship between the Plaintiff and Defendant C continued.

The Plaintiff maintained the same transactional relationship with Defendant C on the condition that the Plaintiff and Defendant C (E) are mutually guaranteed by Defendant C and D on all the obligations arising from the existing transactional relationship and the future transactional relationship between Defendant C and Defendant D (F).

3) From that point of view, Defendant D closed down its business on July 15, 2015 and established the Defendant Company. The Defendant Company, up to that point, took over all obligations owed by Defendant C and D up to that point, and the Plaintiff and the Defendant Company continued to engage in the same transactional relationship as that of the Plaintiff traded with Defendant C and D. Based on October 14, 2015, Defendant C and D’s obligations for goods and contractual obligations owed by Defendant C and D, as of October 14, 2015.

The order number of the date of shipment.