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(영문) 수원지방법원안양지원 2016.09.29 2015가단18754

미수금

Text

1. The Defendant NanioF Co., Ltd. shall pay to the Plaintiff KRW 26,00,000 as well as its full payment from April 10, 2016.

Reasons

1. Determination as to the claim against Defendant C

A. The summary of the Plaintiff’s assertion 1) The Plaintiff’s summary of the Plaintiff’s assertion is a stock company A (hereinafter “A”) that was declared bankrupt on March 10, 2015.

A) A trustee in bankruptcy, around September 201, 201, D (hereinafter referred to as “D”).

2) The supply contract for three-dimensional production and supply of goods (hereinafter referred to as the “instant supply contract”) between the Defendant operating the contract and the Defendant at KRW 25,245,00.

After the conclusion of the contract, on October 201, 201, the Defendant supplied the three three regular services to the Defendant. The Defendant paid only KRW 6,300,000, which is a part of the price for the supply of the goods to A (=25,245,000 won-6,300,000) and damages for delay. The Defendant’s summary of the Defendant’s assertion is obligated to pay the remainder of the price for the supply to the Plaintiff, a bankruptcy trustee (=25,245,000 won-6,300,000 won), and the Defendant entered into the instant supply contract with E Co., Ltd., other than A (hereinafter “E”), at the request of F, the representative director, and the Defendant entered into the instant supply contract with E in the form of deposit of KRW 6,30,00,000 from November 20 to May 2013.

B. In full view of each description of Gap's 1, 2, 4, 5, and Eul's evidence Nos. 1 and Eul's witness G testimony, the defendant agreed upon the main contents of the supply contract of this case with G directors representing Eul and agreed on the specific terms and conditions of the contract of this case, and sent an order for the supply contract of this case to E on September 8, 201, within the meaning of confirming them, the defendant operated the above two companies as the representative director of Eul as well as the F at that time. The administrative affairs of the above two companies were handled by Eul, and the practice related to the above supply contract is E.