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(영문) 서울남부지방법원 2016.06.24 2015가단27129

물품대금

Text

1. Defendant C’s KRW 31,942,00 as well as 6% per annum from April 1, 2015 to September 10, 2015.

Reasons

1. Basic facts

A. D runs gold-type forest processing business, etc. with the trade name “E,” and D transferred the above business to the Plaintiff on April 27, 2015, and D transferred its claims to the Defendants and notified the Defendants of the transfer of claims on May 29, 2015.

B. Defendant C opened a gold-type manufacturing business with the trade name “F” on December 1, 200, but discontinued on March 23, 2012, and Defendant C operated gold-type manufacturing business with the trade name “G” from September 1, 2008.

C. At the time of the closure of “F”, H processed and supplied the fruit to Defendant C, and supplied the fruit to Defendant B after the closure of the “F”.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 20, 21, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The following facts are not disputed between the parties, or are acknowledged in full view of Gap evidence Nos. 4, 8 through 14, Eul evidence No. 7-1 through 5, Eul evidence No. 3 and 5, Eul evidence No. 15-1 and 2, and the whole purport of this court’s order to submit tax information as to the head of the goldcheon Tax Office.

① From November 208 to December 201, 201, D processed and supplied fruit to Defendant C. The processing cost is KRW 112,200,000 (including value-added tax) in total; from June 2012 to December 2012, 201, processed and supplied fruit to Defendant B. The processing cost is KRW 19,316,00 (including value-added tax).

② Defendant C paid to D the processed amount of KRW 2 million on March 10, 200, KRW 2.5 million on July 17, 2009, KRW 1 million on October 1, 2009, KRW 6 million on February 12, 2010, KRW 600,000 on May 27, 2010, KRW 500,000 on July 21, 2010, KRW 500,000 on September 17, 2010, KRW 3 million on December 24, 2010, KRW 3 million on March 25, 201, KRW 3 million on March 25, 201, KRW 3 million on April 305, 201;

③ Defendant B shall be subject to D.