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(영문) 의정부지방법원 2017.02.10 2015가합55103
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established with the purpose of textile manufacturing business, textile export-import business, etc., and the Defendant is the representative director of C, a corporation established with the textile processing business, etc. for the purpose of business, and the operator of D, a textile processing business.

B. If the Plaintiff’s transaction partner brings the Textiles to the Defendant, in “D,” the above original body was processed in “D”, “C” is processed in Den (a process to diversify the original body) and the Defendant completed the original body inspection in “E, which is a partner company, and finally supplied the Plaintiff. The Defendant was traded by means of showling the original body and receiving the processing fees from the Plaintiff, and the Plaintiff exported the original body to China with the fiber packed by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 11 (including paper numbers), the purport of whole pleadings

2. The plaintiff's assertion on the ground of claim

A. On November 30, 201, the Defendant: (a) around November 30, 201, to the representative director F of the Plaintiff, the Defendant opened a textile sales store (H) in China Ma; and (b) if the business funds are required, the Defendant would repay the funds up to the end of December 201; and (c) on the same day, F remitted KRW 100 million from the Plaintiff’s account to the Defendant.

B. Around January 2012, the Defendant supplied F with an object that the Plaintiff wishes to purchase and sell an ablbbbbbbus fiber produced and sold to the Central Asia, at H located in the Chinese port fishing G operated by him/her.

The Plaintiff supplied the Defendant with the Belgium of an amount equivalent to KRW 7,146,326,949 from February 2, 2012 to November 2012.

Around March 2013, the Defendant supplied a more Belgium and changed the supply of the product. On the face of the week by supplying the product by April 2013, the Defendant supplied the product to pay the outstanding amount of the product and to pay the outstanding amount of the product for the year 2013 without a molding from the end of June 2013.

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