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(영문) 서울남부지방법원 2019.07.11 2018가단263803

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company whose business purpose is direct goods, textile export and import, sales business, etc., and the Defendant is a company established on May 6, 1995 with the manufacture and export of clothing as the domicile of “A in the Republic of Korea on the basis of the Republic of Korea, other than the Republic of Korea,” in accordance with the laws of the Philippines.

Meanwhile, D Co., Ltd. (hereinafter “D”) was a company established in 2009 for its business purposes such as manufacture, distribution, etc. of cosmetics, and added the term “Class B export and import business”, “Class B manufacturing and sale business” to E (E) for its business purposes by changing its trade name on July 26, 2010.

B. E ordered an original supply for the manufacture of clothing to the Plaintiff several times.

Upon the request of the Plaintiff, the Plaintiff directly exported the original team to the Defendant’s factory located in the Philippines, and the amount yet to be paid out of the paid amount relating to the original team supplied from February 2, 2013 to April 2013 reaches KRW 30,745,697 (hereinafter “instant original unit supply contract”). C.

E on December 11, 2017, the registration of dissolution under Article 520-2(1) of the Commercial Act was entered, and is currently the closure status.

[Ground of recognition] without any dispute, Gap 1 to 3

6. Entry of evidence 7 and the purport of whole pleadings; and

2. The parties' assertion

A. The Plaintiff’s assertion was formally concluded between the Plaintiff and E, but E is a company established by the Defendant to avoid its responsibility or a company substantially identical to the Defendant.

Therefore, as the defendant is a party to the above sales contract, he is obligated to pay the remainder of the price of the goods to the plaintiff KRW 30,745,697 and delay damages therefor.

B. The defendant's assertion is that the defendant was provided with the original unit with the consignment of processing from E, and then manufactured the original unit at the defendant's factory and traded it in the form of supplying it to E, and two companies are separate corporations, and the defendant directly entered into a contract with the plaintiff.