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(영문) 수원지방법원안산지원 2015.01.23 2014가단17701

기계대금

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1. Defendant A and B are KRW 34,500,000 for each Plaintiff and KRW 20% per annum from June 24, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On July 12, 2012, the Plaintiff entered into a contract with D Co., Ltd. (hereinafter “Nonindicted Company”) and 4do D D D D D D D D-brobing machine (hereinafter “instant machine”) to manufacture KRW 49,500,000 and install the Nonparty Company by September 10, 2012.

B. (1) Afterward, the non-party company discontinued its business.

On July 22, 2012, Defendant B registered the same place as Nonparty B, its place of business, its business location, and its business subject as “E”.

(2) On September 18, 2012, the Plaintiff changed the date of delivery with Defendant B on October 15, 2012, and entered into a contract with the same content as the contract mentioned in the foregoing paragraph (a) (hereinafter “instant contract”).

(3) On December 6, 2012, the Plaintiff installed the instant machinery in “E”, and on February 23, 2013, the said machinery was relocated to “F” upon Defendant A’s request.

C. On September 10, 2012, the price of goods under the instant contract was KRW 4,00,000,000, and on September 28, 2012, the depositer’s name was “B” as “E”; and on January 16, 2013, the depositer’s name was KRW 7,00,000,000, and June 12, 2013, with the depositer’s name as “F” as “E.”

On the other hand, Defendant A was the actual operator of Nonparty A and E. On March 15, 2013, Defendant A discontinued E, and opened the manufacturing company under the trade name of “F” with the military-si F in the name of Defendant C as its place of business.

E. On April 4, 2014, Defendant A issued to the Plaintiff a written confirmation of the balance stating that “I confirm that I will pay the balance of the instant machinery, debt, KRW 34,500,000, and the debt balance of the said goods” (hereinafter “instant written confirmation”).

At the time, “E, Representative B, A”, “F, Representative I, and A” were printed on the debtor’s “E, Representative A”, and the Defendant signed and sealed the Defendant C’s seal on the side of the printed part of “C”.

grounds for recognition.