logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.10.23 2016가단21692
물품대금
Text

1. The Plaintiff:

A. Defendant C shall pay KRW 71,189,00 and a rate of KRW 15% per annum from August 18, 2017 to the date of full payment.

Reasons

1.The facts following the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 6, Eul evidence 1 to 7 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

Defendant B invested KRW 80,00,000 from Defendant C in order to operate the party room jointly, and responded to the proposal. However, Defendant C failed to pay the investment amount, and Defendant C paid KRW 100,000,000 to Defendant C in advance, respectively, on April 7, 2016, and transferred KRW 10,000,000 to Defendant C, respectively.

B. Defendant C commenced the business of the party headquarters of the trade name “E” (hereinafter “instant party headquarters”).

C. The Plaintiff is a person who engages in wholesale and retail business of party appliances.

After receiving an order from Defendant C for the supplies, the Plaintiff supplied Defendant C with the supplies equivalent to KRW 81,189,000, such as the party platform, from June 2016 to July 2016, and additionally supplied points of KRW 740,00,00.

On April 8, 2016, the Plaintiff received down payment of KRW 10,000,000 from Defendant C.

E. Upon Defendant C’s failure to pay the investment amount, Defendant C received KRW 160,000,000 business rights of the instant party hall from Defendant C on August 9, 2016 (30,000,000,000,000, in return claim fixtures of KRW 130,000) and paid KRW 50,00,000,000, in total, from August 11, 2016 to August 29, 2016.

F. Defendant B reported sports facility business under his/her name on August 10, 2016, and registered his/her business with the trade name “E” on August 11, 2016, and operated the billiard business.

G. However, Defendant C embezzled KRW 80,000,000, out of the money received from Defendant B, from the lower police officer on June 2016 to the middle police officer on September 2016, using the same as stock investment.

Defendant C is in the case of embezzlement on May 18, 2017 by the Seogu District Court Decision 2016Kadan2776.

arrow