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(영문) 대구지방법원서부지원 2017.12.20 2016가단11077

양수금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who registers his/her business in his/her trade name and engages in paper-sale business for the packaging of products. The Defendant is a legal entity that manufactures and sells coffee, and D is a person who registered his/her business in his/her trade name and is engaged in the business of manufacturing and selling coffee, and D is a corporation F (hereinafter referred to as “F”) that has engaged in the same kind of business at the same time as a private entrepreneur who has engaged in coffee wholesale and retail business at the same time as the private entrepreneur who has engaged in the same kind of business (hereinafter referred to as “F”) and G (D is the representative director and H is the representative director; hereinafter referred to as “G”), and is engaged in actual business affairs, such as F and G business management.

B. The Defendant has been engaged in the transaction of goods with E, F, and G for a considerable period through D.

C. By March 18, 2016, D was supplied with paper stuffs equivalent to KRW 29,926,079 from the Plaintiff, and was unable to repay most of the above price of the goods, D received a total of KRW 74.8 million from April 2, 2016 to April 22, 2016 (i.e., KRW 17 million on April 2, 2016; KRW 10 million on April 4, 2016; KRW 3 million on April 9, 2016; KRW 4.6 million on April 13, 2016; KRW 4.6 million on April 16, 2016; and Defendant 4.6 billion on April 21, 2016; and Defendant 4.6 million on April 26, 2016 (hereinafter “the Plaintiff’s claim amount”).

(hereinafter “instant assignment contract”) D.

D on January 29, 2016, an electronic tax invoice in the amount of KRW 176 million, stating that the supplier or the Defendant was the person to whom the Defendant was supplied, issued an electronic tax invoice in the amount of KRW 176 million, but on the grounds of double issuance by mistake on the same day, there is the entry of the revised electronic tax invoice in the amount of KRW 176 million, and the Defendant himself.