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(영문) 부산지방법원 2016.10.21 2015나16764
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The parties' assertion

A. The Defendant, along with the Plaintiff C, engaged in a business of manufacturing glass with the trade name “D” and invested funds and managed the funds.

Meanwhile, the Plaintiff supplied chemical medicine to the Defendant and C, which is equivalent to KRW 12,283,150 as of January 27, 2015.

The defendant shall jointly and severally pay to the plaintiff KRW 12,283,150 as the price for the chemical medicine that is not paid to the plaintiff and the plaintiff.

B. The defendant 'D' is the representative of the individual enterprise C.

Moreover, the defendant does not have any kind of ‘C' and ‘D'.

The defendant only lent money to C.

The details of KRW 12,283,150 are unclear.

2. Determination

A. As to whether there was a contract between the Defendant and C, comprehensively taking into account the respective descriptions and arguments as stated in the evidence Nos. 1, 2, 3, 5, 6, 7, and 8 as well as the overall purport of the pleadings, the following circumstances, namely, the Plaintiff supplied C, who operates D’s mutual glass manufacturing business from March 24, 2014 to December 30, 2014, a total of 67,283,150 won necessary for glass processing, and the Defendant paid the Plaintiff the price for the said products for the said products to the Plaintiff nine times from June 1, 2014 to January 27, 2015; the Defendant paid the price for the products for the said products for free advertising as KRW 53,00,000,000 for the said products for export with KRW 20,000,000 for free advertising, and the Defendant paid the said products for export to the Plaintiff with KRW 30,000,00.

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