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(영문) 대전지방법원 2016.06.30 2015나102659

물품대금

Text

The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The plaintiff operated a dental laboratory with the trade name D.

On November 23, 2012, E Co., Ltd. (hereinafter “Nonindicted Company”) was established on November 23, 2012 with the Defendants’ joint representative director as the Seoul Yeongdeungpo-gu F, 410.

On November 22, 2012, pursuant to Article 11-2 of the Medical Technicians, etc. Act and Article 12-2 (3) of the Enforcement Rule of the same Act, the Defendants registered the establishment of dental laboratories under the name of “G” in the head office of the non-party company at the public health clinic of Yeongdeungpo-gu. Since that time, the Defendants registered the business under the name of the non-party company and operated the dental laboratory.

On June 25, 2013, Non-Party Company entered into a lease agreement with Non-Party Company Non-Party (hereinafter “Lease Company”) on Denchner and dental locking machine (hereinafter “instant lease agreement”).

The Defendants were dismissed from the joint representative director and internal director of the non-party company on April 8, 2014 due to internal conflict with the shareholders, and H was appointed as the representative director on the same day.

Meanwhile, the head office of the non-party company was changed to the Seongbuk-gu Seoul Metropolitan Government I, 401 on the same day.

Matters concerning such dismissal, taking office, and change of the location of the head office were registered as of April 17, 2014.

On April 18, 2014, the Defendants registered the business under the name of “G” with the location of the non-party company FF, Yeongdeungpo-gu Seoul, the main office of the non-party company, as the FF, 410. Based on the G establishment registration certificate under the name of the Defendants, the Defendants continued to operate the dental laboratory business at

On April 20, 2014, the Defendants had the authority to sell the products produced by the Plaintiff to dental hospitals located in Seoul, and concluded a sales agency contract with the Defendants to make advance payments for the supply of the products by the Plaintiff.

Meanwhile, from February 22, 2013 to April 14, 2014, the Plaintiff supplied the non-party company with the appliances for dental treatment, but the goods price.