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(영문) 부산지방법원동부지원 2019.07.24 2017가단204836
물품대금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that manufactures medical appliances and wholesale and retail business. 2) The networkF (hereinafter “the deceased”) was the representative of the “H”, whose place of business is Busan Jin-gu G, and whose place of business is a wood (H) wholesale business. On January 12, 2016, the Plaintiff died on January 12, 2016. Defendant C, Defendant D, and Defendant E, who are the deceased’s spouse, succeeded to the deceased’s property.

3) On August 22, 2013, Defendant C’s husband and the deceased’s fraud, Defendant C’s husband, as Defendant C’s representative, and the location of the place of business is Geumcheon-gu Seoul Metropolitan Government J building, K, and the category of business is as health goods, cosmetics, wholesale and retail business, software development, and website manufacturing business (hereinafter “L”).

B) The Plaintiff’s monopoly supply contract was established and operated in substance. B. On December 26, 2012, the Plaintiff entered into a monopoly supply contract with the Plaintiff as the acting person of H’s duties, and entered into a monopoly supply contract with the Plaintiff on December 26, 2012, under which the Plaintiff would be supplied with domestic friendly friendly sprinkers, handbows, etc. from H to distribute and sell in Korea (hereinafter “instant monopoly supply contract”).

(C) On October 2014, the Plaintiff issued an order to return the purchase price of goods to the Postal Savings Account (Account Number M, recipient’s name H) as stated in the instant supply contract. On October 30, 2014, the Plaintiff first paid KRW 74,881,062 (= KRW 49,881,062) by directly remitting KRW 49,881,062 to a local product producer in China (= KRW 25,000,000) and then received KRW 70,000 from the Busan Bank account under the name of the Plaintiff’s bank. After requesting the return of the purchase price of goods, the Plaintiff did not receive KRW 70,00,000 from the Plaintiff bank account under the name of the Plaintiff bank.

2. The Plaintiff’s prior payment to the Deceased on January 13, 2016.

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