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(영문) 인천지방법원부천지원 2017.10.26 2016가단117911
물품대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff’s registered metal is a company with the purpose of pipeline manufacturing and sales business. Plaintiff A is a person engaged in steel plates manufacturing and wholesale business under the trade name of “C”, and the Defendant is a company with the purpose of manufacturing and processing steel structure manufacturing and processing business, and D is a person who conducts manufacturing business, such as steel structure, with the trade name of “E”.

B. In order to receive the price of goods supplied to E (D) by April 2015, Plaintiff A applied for a payment order against D with Seoul Southern District Court 2015 tea12862, and on September 23, 2015, Plaintiff A issued a payment order with the purport that “D shall pay to Plaintiff A 20,355,714 won and the rate of 20% per annum from October 2, 2015 to the date of full payment,” and the said payment order was finalized on October 26, 2015.

C. In order to receive the price of content pipes, etc. supplied to E (D) by January 31, 2016, Plaintiff Puil Metal filed a lawsuit for the purchase of goods with the Incheon District Court Branch Decision 2016Kadan8500, which decided on July 14, 2016, that “D shall pay to Plaintiff Puil Metal 44,051,023 and its interest at the rate of 15% per annum from May 10, 2016 to the date of complete payment.” The above judgment became final and conclusive on August 2, 2016.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. It is apparent that D establishes a defendant in order to avoid the debt owed to the plaintiffs in light of the trade name, location of the defendant's place of business, business purpose of the defendant's representative director and D, relationship with D, business facilities, and related business partners operated by D, and therefore, the defendant is obligated to repay the debt owed to the plaintiffs.

(b) Determination 1) Evidence A, Evidence Nos. 1, 2, 5, 6, and Eul Nos. 3 through 9 (including virtual numbers).

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