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(영문) 서울동부지방법원 2015.11.26 2014가합111755
물품대금
Text

1. The Defendant’s KRW 329,148,859 for the Plaintiff and KRW 6% per annum from August 30, 2014 to January 13, 2015 for the Plaintiff.

Reasons

1. There is no dispute between the parties concerned, or considering the overall purport of Gap evidence Nos. 1, 2, Eul evidence Nos. 1-2, Eul evidence No. 1-2, and Eul's testimony and arguments, the plaintiff is a company whose main business purpose is to sell steel products. Since 2013 to 2014, Eul served as a director in charge of overall management of the plaintiff's business. The defendant is a company whose main business is to sell all kinds of steel products. The representative director is D or, actual operator, E is the chairperson. The corporation F is a private company with the main business purpose of the steel products wholesale business, etc., Eul is a company with the main business purpose of the removal of steel products. Eul is a private company with the main business purpose of the removal of steel products, and Eul is substantially identical with the operator, and it was operated as the same company with the use of e-mail address, etc., and it is recognized that the vice president of H was in charge of the non-party company's business.

2. Determination as to the claim for the price of goods

A. The Plaintiff asserted that the Plaintiff supplied steel materials to the Defendant from May 12, 2011 to August 29, 2014. As of August 29, 2014, the Defendant’s attempted proceeds amounting to KRW 329,148,859, the Defendant is obligated to pay the said attempted proceeds and delay damages to the Plaintiff.

As to this, the defendant could not make direct transactions with the non-party company because the non-party company C, who is a director in charge of the plaintiff's business, is in the territory of the non-party company. If the defendant receives only the tax invoice formally in the middle, the plaintiff would take charge of the entry, withdrawal, and on-site management of the transaction relation. In order to continue the transaction relationship with the plaintiff, the defendant issued a tax invoice of the amount of 1,061,060,945 won in total from the plaintiff on six occasions from July 31, 2013 to April 30, 2014, and the amount of 1,073,081,494 won in total from the non-party company.

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