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(영문) 제주지방법원 2014.08.21 2013가합2210
운송비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was a company established on July 12, 1990 for the purpose of the loading and unloading business of a port, maritime and land transport business, and the shipping business of witrus in the wals of Sitrus and the wals of Sitrus in the wals of Sitrus and in the wals of Sitrus.

B. From 1990 to 190, the Plaintiff traded with C operated by the Defendant’s Siberter B, and thereafter, D, who is the children of B, is in charge of the above C.

On November 10, 200, the business registration was made with the trade name "E" (E on September 19, 2008) and the Defendant, the wife of D, began with the wholesale and retail business of agricultural products from October 2008, and made the business registration with the trade name "F" around October 1, 2009.

C. B until 2006 confirmed that the unpaid obligation that was not paid to the Plaintiff was KRW 254,33,800, and D, around 2008, after settling accounts between the Plaintiff and the Plaintiff for each shipper of the year 2007, the outstanding amount in the previous year was KRW 247,459,000.

On July 27, 2009, the Defendant drafted a “the settlement statement for each owner of the year 2008 (hereinafter “the settlement statement of this case”)” with the Plaintiff on July 27, 2009, and was private in the settlement statement column stating “the settlement statement of accounts for the year 2008 (the settlement of accounts for the year 247,00,000 won)”, “the outstanding amount of accounts for the previous year 30,000,000 won,” and “the same confirmation statement”.

"The outstanding amount of the previous year 247,000,000 won" is "the outstanding amount of the previous year 2.4 million won"

e.D filed an application for individual rehabilitation with this Court 2012 20052, and obtained authorization on October 31, 2013, and D’s draft repayment plan includes KRW 247 million against the Plaintiff as the amount of individual rehabilitation claims. [The grounds for recognition] The absence of dispute, Gap evidence Nos. 1, 2, 6 through 10, Eul evidence Nos. 1 through 9 (each statement including each number, witness G testimony, and the purport of the entire pleadings).

2. The parties' assertion

A. The Plaintiff’s assertion 1 Defendant’s U.S. B operates C, and makes transactions with the Plaintiff, and the Defendant and D leave the said company from around 2000.

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