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(영문) 서울동부지방법원 2016.11.02 2014가합8453
물품대금
Text

1. Defendant (Counterclaim Plaintiff) B: (a) 210,015,000 won against the Plaintiff (Counterclaim Defendant) and its related thereto from July 29, 2014 to November 2, 2016.

Reasons

Basic Facts

Defendant B is also involved in the management of Defendant C Co., Ltd. (hereinafter “Defendant C”) and F Co., Ltd. (hereinafter “F”) in the wholesale and retail business with the trade name of “E”.

Defendant D is the representative director of Defendant C as the second child of Defendant B.

Plaintiff

The company belongs to the Central Government Agency, Inc. (hereinafter referred to as the "Central Government Agency"), and re-sales after being supplied with tasks, such as swimming and apologys, by the Central Government Agency. The company is a middle wholesale, which belongs to the Agricultural Cooperative Co., Ltd. (hereinafter referred to as the "Central Government Agency"), and the E, C, and F are middle wholesale, which belongs to the Agricultural Cooperative Co.

Since Defendant B and C cannot purchase an excess directly from the Central Government Administration, they have purchased the task from the Central Government Administration through the Plaintiff Company in the name of the Plaintiff Company, or have paid the excess that they purchased from the Plaintiff Company while purchasing the task directly from the Plaintiff Company.

The central office of Korea has concluded an intermediate wholesaler transaction agreement with the Plaintiff Company with the intermediate wholesaler number G, and sold the Plaintiff Company by means of auction, fixed price and free trade, electronic transaction, etc. from July 2012 to April 2013.

Plaintiff

The Company supplied Defendant B (E) with an excessive day from July 2012 to March 2013, and supplied Defendant C with an excessive day from April 2013 to August 2013.

[Ground of recognition] Facts without dispute, witness H’s testimony, partial testimony of witness D (the same as Defendant D), inquiry inquiry reply to the Central Office of this Court on November 19, 2014 regarding the claim of the Plaintiff Company for the principal lawsuit against Defendant B, each of the evidence Nos. 5-2, 10 through 16 (including the provisional number; hereinafter the same shall apply), and the purport of the entire pleadings as to the witness H’s testimony, may be acknowledged as follows in full view of the following facts.

Defendant B is affiliated with the Central Office.

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