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(영문) 수원지방법원안산지원 2019.08.01 2018가합5857
물품대금
Text

1. The Plaintiff:

A. Defendant C is KRW 1,040,000,00 and 15% per annum from May 10, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company with the purpose of Coding automation equipment business.

B. On June 9, 2012, the Plaintiff submitted a written estimate of KRW 1,443,145,000 (hereinafter “the estimate of KRW 2012”) to D Co., Ltd. (the Defendant C was in progress at the time of the rehabilitation procedure, and Defendant C was the manager; hereinafter “D”), and around June 2012, the Plaintiff produced two copies of the painting facilities according to the said written estimate and installed them in D’s factory.

C. As the price for the foregoing painting equipment, Defendant C paid the Plaintiff a total of KRW 400,000,000 from July 2012 to September 2012, and D paid KRW 495,00,000 to the Plaintiff around 2014.

On May 28, 2014, the Plaintiff submitted to Defendant C a written estimate of KRW 187,58,500 in total with regard to Spind Cohele Line, etc., and the written estimate of KRW 207,218,00 in total with regard to the installation and management of direct teachingra and pay-in, on June 12, 2014, with regard to the installation and management of direct teachingra and pay-in, respectively (hereinafter “instant written estimate”).

On June 2014, at the request of Defendant C, the Plaintiff manufactured one painting equipment at the factory of Defendant B, Defendant B, the company’s name, and installed one seal equipment at the factory of D.

E. On December 12, 2014, the Defendants drafted a written confirmation of installation that the two costs of painting equipment in Defendant B’s factory are owned by the Plaintiff (hereinafter “instant written confirmation”).

F. On June 25, 2015, Defendant B’s business entity was converted into a corporation, and the F Co., Ltd. (hereinafter “F”) was established on June 25, 2015.

G. On November 4, 2015, F drafted a notarial deed with the content that a notary public borrowed KRW 500,000,000 from G on August 1, 2014 to G, who is the representative of the Plaintiff, from August 1, 2015, F borrowed the said money until November 4, 2017, and provides F-owned machinery as security for transfer (hereinafter “instant notarial deed”).

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