(영문) 대구지방법원 2016.11.11 2015가단30265

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.11.11 2015가단30265

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 15, 1994, the Plaintiff was established for the business purpose of the parties, and the Defendant was established on July 16, 2013 for the purpose of manufacturing rolling stock, parts and devices related thereto, manufacturing machinery, etc. (the trade name before the change of the Defendant is Ethtiel.)

(2) On the other hand, B is engaged in the manufacture, sale, etc. of machinery with the trade name “C” on June 20, 2002

On December 4, 2012, “C” invested in kind all the assets of “C” and established D Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of cutting, manufacturing and selling rolling stock, etc., and closed the non-party company on July 1, 2013.

B. On April 24, 2013, the Plaintiff supplied 104,537,718 won to the non-party company at the request of the non-party company and B, who is its representative, until April 24, 2013, the Plaintiff agreed to pay KRW 84,38,98 to the non-party company and the non-party company for KRW 80,151,591 out of the unpaid amount of goods. The Plaintiff brought a lawsuit against the non-party company and B for the payment of KRW 80,151,591 out of the unpaid amount of goods. The Daegu District Court jointly and severally rendered a judgment in favor of the Plaintiff on July 22, 2015 [the non-party company B] and the Plaintiff at the rate of KRW 80,151,591 and the annual rate of KRW 2015 to the non-party company from 2015 to 2015].

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3-2 and 4-2, and fact-finding with the Daegu District Court of this Court

2. The assertion and judgment

A. The plaintiff asserts that ① the non-party company and the defendant's business purpose and the defendant's business partner are identical, and Eul paid the share price at the time of the establishment of the defendant and entrusted the name of shares in the future. In light of the fact that Eul and the defendant's representative director are married, the non-party company and the defendant are the same company, and the defendant in fact.

유사 판례

-인천지방법원부천지원 2017.11.08 2016가단118822

-수원지방법원안산지원 2015.04.30 2014가합20759

-수원지방법원안양지원 2016.04.15 2013가단19968

-광주지방법원 2015.01.22 2013가합56329

-수원지방법원여주지원 2014.03.07 2013가단3790