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(영문) 서울북부지방법원 2016.07.21 2015가합27099

물품대금

Text

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

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

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a juristic person that runs the business of distributing women, etc., Defendant D is a director of Defendant B and E, and Defendant C is an employee of Defendant B as a brand of “F.”

Nonparty G, as the representative director of Defendant B, has been operating a new distribution business in fact with Defendant D and C by processing the Defendants’ new import and purchase on behalf of the representative or agent.

The plaintiff is a person who engages in trade business, etc. with the trade name of "H," and the non-party I is the husband of the plaintiff and the non-party J are the other spouse of the plaintiff.

B. From around 1999 G, Defendant D, and C, the J was able to work in the Dongdaemun-gu market with G, Defendant D, and C, and around 2009, upon the request of the Defendants, the J was able to find out the Chinese company from the Defendants.

The J from around 2000, based on the relationship with the Chinese companies he he he he he he he he he he accumulated in the Chinese company from around 200, to the non-party L LLC (hereinafter “L LLC”) where the non-party K, his wife, is the representative director, he requested the defendants to order the new production of the defendants.

The defendants supplied new shares produced by L corporation and deposited the price into the account in the name of the plaintiff or I. The plaintiff issued a tax invoice to H trade name.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, 11, 12, 14, 15, and Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. If the Plaintiff’s assertion J received a new production order from G and requested the L Corporation to do so, the L Corporation delivered products produced therefrom to the Plaintiff, an importer. The Plaintiff, as a party to the contract, as a party to the contract, sold the said products again to the Defendants with a certain margin attached thereto.

For this reason, the defendants also make the price of the above products to the plaintiff.