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(영문) 인천지방법원 2015.12.15 2014가단80715

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in each statement in subparagraph 1-1 through 5 of the evidence No. 1-5, the Plaintiff may recognize the fact that the Plaintiff supplied the Defendant from January 2012 to May 201, and issued a tax invoice in the name of “B (representative Plaintiff)”.

2. The parties' assertion

A. The plaintiff: since the defendant paid only 119,769,400 won out of the price of the above goods, it is obligated to pay 30,228,108 won and damages for delay.

B. The Defendant: (a) the price of the above goods is related to a household supplied by the Plaintiff to the Busan Seogdong Apartment apartment site (hereinafter “slundong site”); (b) the Defendant entered into an agreement to settle accounts including the price of the remaining goods on March 7, 2014; and (c) even in the lawsuit brought against the Defendant by the Plaintiff’s wife C, the conciliation based on the above settlement agreement cannot be complied with; and (d) thus, the Plaintiff’s claim cannot be complied with.

3. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, and 7 through 9 (including virtual numbers) as a whole, the Plaintiff entered into a subcontract with the Defendant on September 20, 201 (hereinafter “instant contract”) to supply, install, and operate a household at the place of slun-dong (hereinafter “D”), ② On September 28, 201, after the conclusion of the instant contract, the Plaintiff established and operated a “stock Company D” (hereinafter “D”) and supplied goods equivalent to KRW 149,97,810 as stated in the said tax invoice to May 201 at the place of slun-dong (including virtual numbers). ③ The Plaintiff actually discontinued D around the end of March, 2014; and ④ the Plaintiff’s business operator registered with the Plaintiff as his/her representative, who actually traded the Plaintiff’s facilities under his/her name as his/her own name, and ④ the Plaintiff’s business operator registered with the Plaintiff.