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(영문) 수원지방법원평택지원 2016.04.19 2015가단46312
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that the payment of KRW 42,032,40 shall be made on credit, on the ground that the Plaintiff supplied the Defendant with the renewable term from October 7, 2014 to July 13, 2015.

However, according to the evidence Nos. 1 through 4, and evidence Nos. 1 and 1, the plaintiff can only conclude a contract with B Co., Ltd. with which the defendant is the representative director during the above period and establish the fact that he manufactures and sells the renewable timber, and the above claim against the defendant is without merit.

Furthermore, the Plaintiff asserts that the above B corporation is in a dominant position that can be used by the representative director in mind because it is difficult to distinguish between the company and the representative director from its capital, and because it is only the name of the company and its actual personal business, the Defendant shall be liable for the above debt. However, the evidence submitted by the Plaintiff alone is insufficient to recognize it, and no other evidence exists.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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