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(영문) 대전지방법원홍성지원 2016.05.19 2015가합615

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 207,751,746 and the interest rate of KRW 15% per annum from April 18, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On August 199, the current representative C of the Plaintiff established A, a private business chain which manufactures and supplies automobile trial sets, and supplied the automobile trial sets to the transaction enterprises, including two companies (hereinafter “duol”).

B. A, around 2007, the transaction method with the business partner has changed from a free company pay (the processing cost is paid after being supplied with all of the raw materials and supplied them without compensation by the business partner) to a commercial company pay (the processing cost is paid after purchasing all the raw materials and then processing them) and a sudden increase in the form of sales.

Accordingly, after establishing the Defendant on January 25, 2007, D, the husband of C, was paid the price of goods from the customer by taking charge of the business related to automobile trial, the foundation of raw materials, and the supply of finished products, and A was settled by the Defendant by taking charge of the processing work, such as the salary system, as existing.

C. On March 14, 2014, according to the Defendant’s present representative E and F’s proposal, a acquisition contract was concluded with the effect that “D, G, and H transfer the Defendant’s shares and management rights for KRW 500 million to F, which were the Defendant’s shareholders and directors,” and E assumed office as the Defendant’s representative director on March 25, 2015.

F did not pay the remainder of the transfer price without paying the down payment of KRW 100 million, and on May 8, 2014, the transfer contract was re-established with the transferee to E who is not F but not F, and E paid the remainder of KRW 400 million to D.

C On May 26, 2014, the individual entrepreneur A was converted into the Plaintiff, a corporation, and was appointed as the representative director.

E. From October 2014 to February 2015, the Defendant supplied the automobile sets to the customer, including the Plaintiff’s company, and the Defendant supplied the automobile sets to the customer, such as the Yongsan S&C Co., Ltd. (hereinafter “S&C”).

[Reasons for Recognition] Unsatisfy, Gap 6 through 8 (including branch numbers if there are serial numbers; hereinafter the same shall apply).