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(영문) 수원지방법원안산지원 2016.10.14 2015가단31995

정산금

Text

1. As to KRW 66,146,90 and KRW 22,00,00 among the Plaintiff, Defendant A shall pay to the Plaintiff KRW 66,146,90.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that runs steel wholesale business and scrap metal collection business. Defendant A is a person who lends another’s business name to another person’s business operator without his/her own business registration and runs a scrap metal and scrap metal wholesale business, and Defendant B is a person who operates the business of scrap metal and scrap metal retail business with C, whose business registration has been completed in the name of his/her spouse C.

B. In operating the above D, C took charge of internal goods management and accounting, and Defendant B took charge of external transactions with other companies, including removal and collection of scrap metal and delivery of goods, etc., while Defendant B took full charge of business registration, but in actual operation, Defendant B took a leading role.

C. On May 11, 2009, Defendant A taken over the scrap metal and scrap metal generated at the site of the removal of the factory from Korea-U.S. Co., Ltd. (hereinafter “Korea-U.S.”) from E, and Defendant A took over the scrap metal and scrap metal from D instead of supplying the said scrap metal to D with a little amount of money.

On May 13, 2009, Defendant A visited the Plaintiff’s office with the Plaintiff’s business registration certificate, C’s painting, and D’s name plates. The Plaintiff and the Defendants drafted the Plaintiff’s obligee, and the Defendant’s obligor C(D) and the following goods delivery contract:

(hereinafter referred to as the “instant contract,” and the above contract is referred to as the “instant contract.” Meanwhile, at the time of the preparation of the said contract, Defendant B affixed C’s seal and D’s name seal to the debtor column and affixed his signature, and Defendant A affixed his own seal on the side of his personal information as indicated in the debtor column.

The Plaintiff’s goods delivery contract form “A”, “D Representative (C) and Defendant A,” and the Parties enter into a goods delivery contract as follows:

Section 1. The lender A shall be the borrower under an agreement stipulated in this Agreement.