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(영문) 수원지방법원안양지원 2016.10.21 2016가단7201

물품대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found in each entry in Gap evidence Nos. 1, 2, and 6, and Eul evidence Nos. 1, 2, and 3 (including additional numbers), either in dispute between the parties, or in full view of the whole purport of the pleadings:

The Plaintiff is a person who runs a wholesale and retail business of food materials with the trade name “E” in Bupyeong-si D, and the Defendants are jointly engaged in a manufacturing business, such as the trade name “G” from “G” in the Mapo-si, the trade name of “I” in the Gyeongbuk-gun, and the J is a person who operates a personal business with the trade name of “K” in the Mapo-si F.

B. On October 27, 2014, the Plaintiff (E) entered into a contract for the supply of two films (hereinafter “instant supply contract”) with the Defendants (G, I), L, M and one other (hereinafter “Defendants, etc.”) (hereinafter “instant supply contract”). From November 15, 2014 to February 28, 2015, the Plaintiff (E) supplied two films equivalent to the sum of KRW 21,571,880 in G and two films equivalent to the sum of KRW 21,571,80 in G from November 11, 2014 to November 25, 2014, respectively.

C. On November 27, 2014, the Plaintiff, the Defendant, and the J drafted multilateral agreements (hereinafter “instant agreements”) with the following content, and each of the instant agreements was accompanied by the certificates of claims and obligations under the name ofO and P (hereinafter “O”).

K (hereinafter referred to as “A”) and N (hereinafter referred to as “B”) and the Defendants, etc. of G, G2 factories, L and M operated by the Defendants, i.e., the Defendants, etc.

(hereinafter referred to as “sick”) agree as follows:

Article 1 (Purpose) The objective of this Agreement is to set off between “B” and “B” by taking over obligations against “B” and by transferring the claims against “B” to “B”.

Article 2(1)(A) “A” means the 60,988,530,000 won (Won 60,988,530) with respect to one or more enterprises, other than theO in attached Form 1.