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(영문) 부산지방법원 2017.11.17 2016나46403
매매대금
Text

1.(a)

Of the parts against Defendant B in the judgment of the first instance, the following amount exceeds the amount ordering payment.

Reasons

1. Facts of recognition;

A. The status of the party is that the Plaintiff is engaged in the business of manufacturing and selling the pelpel boxes. Defendant B is a company that runs the business of collecting and selling scrap metal and scrap metals, and Defendant C is a person who established Defendant B on January 28, 2010 and is currently the representative director of Defendant B.

B. The Plaintiff supplied the Defendant C with a total of KRW 6,701,420 from September 2009 to January 201, 2010, as shown in the attached sheet transaction, and the Plaintiff supplied Defendant B with a total of KRW 32,394,758, as shown in the attached sheet transaction from March 2010 to January 2013.

C. 1) Preparation of a certificate and a certificate of subrogation for the Plaintiff’s representative director: Net F (Death on February 24, 2012) (hereinafter “the deceased”) as the spouse of the Plaintiff’s representative director.

(2) On May 4, 2011, Defendant C demanded the payment of KRW 100 million in aggregate of KRW 30 million in pharmacy payments, KRW 34 million in automobile value, KRW 22 million in H interest, KRW 14 million in machinery value, and KRW 30 million in pharmacy payments to Defendant C to be notified after confirmation. Since the amount of KRW 68,065,30 in total, including KRW 25,065, and KRW 300 in advance against the Defendants, the amount of KRW 32,065,30 shall be paid to the Defendants, the document confirming that “The amount of KRW 32,065,30 in total shall be paid to the Defendants” (Article 7-1 of the evidence 7-1 of this case) was written, and the document confirming the amount of KRW 16,170 in addition to each of the above documents confirming the amount of KRW 14,175,170 in advance, from around 2012.

Since February 15, 2012, G, an son of the Deceased, on February 15, 2012, the Defendant C: “In subrogation, G, a person performing the obligation to be borne by the Deceased, to the obligee C, 52,014,532.

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