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(영문) 광주지방법원순천지원 2015.04.24 2014가단6224

물품대금

Text

1. The Defendant’s KRW 43,302,00 for the Plaintiff and 6% per annum from January 1, 2014 to April 24, 2015.

Reasons

1. Basic facts

A. The plaintiff is a person engaged in the business of growing and selling seedlings, and the defendant is a company whose purpose is the business of planting landscape trees construction business, etc. with its head office in Gyeyang-si, Myun-si, Busan Metropolitan City.

B. From October 8, 2011 to June 9, 2013, the Plaintiff received an order for the supply of trees, such as d and the Defendant’s division manager, from E, who worked as the manager of D and the Defendant, and supplied the amount equivalent to KRW 85,495,700 (hereinafter “the instant tree price”) to the site designated by D and E (hereinafter “the instant tree price”).

On March 14, 2012 and April 1, 2012, 2012, E ordered trees to the Plaintiff, and the remainder was ordered by D to the Plaintiff). The Plaintiff received the order from D and prepared the invoice, and sent the invoice to the designated place along with the invoice, but did not receive the invoice from D.

C. The Plaintiff received KRW 18,40,000 from F (the Plaintiff was ordered to reduce KRW 316,00 on November 17, 201) from Company G, and KRW 8,000,00 from Company G (the Plaintiff was ordered to reduce KRW 374,200 on February 3, 2012) from the Defendant, and KRW 4,80,000 on July 16, 2012, and KRW 220,000 on December 31, 2012 from the Defendant, respectively. < Amended by Presidential Decree No. 23735, Jul. 16, 2012; Presidential Decree No. 23588, Dec. 31, 2012; Presidential Decree No. 24500, Jul. 3, 2013; Presidential Decree No. 24500, Jul. 16, 2013>

From February 18, 2009, the head office of F and G Co., Ltd. was registered in each of the corporate register as the head office of F Co., Ltd. from February 18, 2009, and from August 21, 2008 to August 21, 2008.

The same person as the representative director of the F Co., Ltd. from January 5, 2010, and I served as the representative director of F Co., Ltd. from June 3, 2013 to July 15, 2014.

G Co., Ltd. held office as the representative director from April 16, 2001 to September 24, 2013 by the wifeJ of the I Co., Ltd., and D was appointed as the representative director on September 24, 2013.

E. The Plaintiff demanded that the price of trees unpaid to D be confirmed and changed. D is located at the Daejeon P4th floor, which is the office of F and G Co., Ltd. on October 17, 2013.