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(영문) 수원지방법원 2019.04.24 2018가합11100

물품대금

Text

1. Defendant L Co., Ltd. shall be 10,940,275 won to Plaintiff A Co., Ltd., and 142,268,200 won to Plaintiff B, and the Plaintiff Co., Ltd.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 1 and 2, and purport of the whole pleadings);

A. Defendant LA (hereinafter “Defendant LA”) is a company that operates the business of developing and manufacturing automation equipment, etc., and Defendant M is the representative director of Defendant LA.

B. From January 2016 to October 2017, Defendant Company supplied parts or services necessary for manufacturing the above automation equipment (hereinafter “parts, etc.”) from the Plaintiffs. The price for the parts, etc. unpaid to the Plaintiffs is as indicated in the attached Table “amount”.

2. According to the facts of the determination as to the claim against the Defendant Company, the Defendant Company is obligated to pay the Plaintiff Company A with proceeds, including parts, to the Plaintiff Company A, KRW 10,940,275, KRW 142,268,200, KRW 222,000, KRW 650,000, KRW 42,273,000, KRW 4273,000, KRW 24,090, KRW 41,507, and KRW 125, and KRW 34,209, KRW 620, KRW 42,50, KRW 250, and KRW 17,52,70, Plaintiff J, and KRW 15,00, KRW 15,400, and KRW 15,000, KRW 15,000, KRW 2715,00,00 each of the above charges after the date of delivery to the Plaintiff Company.

3. Determination as to the claim against Defendant M

A. The gist of the plaintiffs' assertion was that Defendant M ordered parts, etc. through the Defendant Company without the intention to pay the price even if the parts, etc. are supplied to the plaintiffs from the beginning.

In addition, Defendant M has embezzled the company’s funds by falsely preparing the retirement benefit item under the income statement of the Defendant company, and has failed to perform his duties as the representative of the Defendant company by intention or gross negligence, such as operating the Defendant company by paying excessive material costs without examining the profits and losses.