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(영문) 인천지방법원부천지원 2016.01.29 2015가합1078
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 14, 2013, a written contract under the name of the Defendant and B, made three Racs (hereinafter “instant machinery”) manufacturing equipment of PE (Posene for manufacturing double wall tubes) and supplied it to the Defendant, and the Defendant drafted a written contract under the name of the Defendant and B with the content that the Defendant pays KRW 858 million (including value-added tax; hereinafter the same shall apply) to B as the price for the goods.

B. On June 18, 2013, on the part of the Plaintiff and the Defendant’s name, the Plaintiff manufactured the instant machinery and supplied it to the Defendant, and the Defendant drafted a written contract under the name of the Plaintiff and the Defendant (hereinafter “instant contract under the name of the Plaintiff”) that pays the Plaintiff KRW 858 million with the price of the goods.

C. On November 201, 2013, the instant machinery, including the supply of the instant machinery and the issuance of tax invoices under the name of the Plaintiff, was supplied to the Defendant’s factory located on the ground of the Defendant’s two parcels (hereinafter “instant factory”). With respect to the supply of the instant machinery, a tax invoice of KRW 2.20 million in the name of the Plaintiff (hereinafter “instant tax invoice”) was issued on December 12, 2013, and the Defendant transferred KRW 50,000,000 to the account under the name of the Plaintiff’s son, a real manager, to the Plaintiff’s son’s account.

On December 27, 2013, the Defendant, including the creation of a mortgage by one bank on the instant machinery, etc., completed the registration of establishment of a mortgage on the land for factory in this case, factory, and the instant machinery (Article 2013-429 of the List of Factory and Mining Foundation Mortgage Act) with respect to the debtor, the Defendant, the Han Bank Co., Ltd. (hereinafter “one Bank”), the maximum debt amount of KRW 100 million, and the registration of alteration of the registration of establishment of a mortgage on the establishment of a mortgage on January 8, 2014, changing the maximum debt amount to KRW 1,080,000,000,000.

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