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(영문) 서울중앙지방법원 2013.12.13 2012가합92437

금전

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty C, the representative director of the Defendant, established Non-Party D Limited Company (hereinafter “Non-Party D Company”), and the Non-Party Company upon the Defendant’s order, performed the work of delivering raw materials, such as fluorco, to the Defendant’s local factory. From January 2012 to April 2012, the Defendant supplied the Defendant with an amount equivalent to the above 8,842 km from January 2012 to April 2012. The outstanding amount claims are USD 416,741.20 U.S. dollars.

B. On November 7, 201, C determined the acquisition price as 200,000 bills (first, 100,000 bills shall be paid, and the remaining 1,00,000 bills shall be paid after six months thereafter) with Nonparty E (the Plaintiff’s wife) and entered into a verbal agreement on the acquisition of the non-party company. Accordingly, E, from November 7, 201 to grasp the current status for the acquisition of the non-party company for about one month, from November 7, 201, began to enter into a signature after examining various documents, such as accounting books and logistics books, in order to grasp the current status for the acquisition of the non-party company.

C. Since then, C returned to the Republic of Korea on November 25, 201, and on December 3, 2011, C sent e-mail to F, who was a director of the non-party company, “E only grasps the present situation and decides whether to accept it.”

On the other hand, E sent e-mail to C on January 11, 2012, (1) informing the progress of the trial related to the non-party company, (2) promised to pay 200,000 bills to the non-party company in accordance with the initial agreement, and (3) send e-mail to seek opinions on the issuance of a letter of appointment, the adjustment of office employees, etc.

In addition, on February 17, 2012, E means the title "non-corporate insolvency case" to C, and (1) upon Non-Party Company's default, C must directly sign at the time of Non-Party Company's default, and (2) upon Non-Party Company's default, upon the Plaintiff's acceptance, registration is not possible in the name of the non-party Company, and upon its application to the accounting office.