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(영문) 수원지방법원 안양지원 2018.09.12 2017가단9662
물품대금
Text

1. The Plaintiff, the Defendant (Appointeds) was 59,974,822, and the appointed parties were jointly and severally with the Defendant (Appointeds).

Reasons

1. Basic facts

A. 1) The Selection C completed the registration of the business as the representative of the business entity engaged in the manufacturing dthing business with the trade name “D”. On September 25, 2012, the Selection E completed the registration as the joint representative of the said business entity. 2) The Defendant (Appointed Party) Company B (hereinafter “Defendant Company”) was established on March 10, 2017, and the Selection C was appointed as the internal director and the Selection E was appointed as the auditor.

On April 1, 2017, the designated parties entered into a contract for transfer and takeover of business between the defendant company and the defendant company.

B. From March 2008, the Plaintiff manufactured gold papers ordered by the designated parties C from March 2008, and manufactured them, and requested the Plaintiff to do so, the Plaintiff was delivered to the Plaintiff and then supplied them to D.

C. On May 11, 2017, the Plaintiff, upon having become aware of the fact of business takeover of the Defendant Company, sent to the Defendant Company a public notice demanding the Defendant Company to assume the obligation to pay the unpaid amount of KRW 60,586,359. On June 13, 2017, the Plaintiff sent a certificate of content demanding the payment of KRW 60,586,359 by the 30th day of the same month.

Accordingly, on July 5, 2017, the Defendant Company sent a certificate of content that demands the basis for the price of the goods on the ground that it received a false statement of transaction.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 21, 24 to 27, Eul evidence 1 to 6, 8 and 9 (including each number), the purport of the whole pleadings

2. The fact that the Plaintiff supplied gold products equivalent to KRW 533,332,703 in total to D, which were operated by the designated parties from around 2009 to around 2017, as indicated in the following table, and that the Defendant Company received the business from the designated parties, and the Plaintiff supplied gold products equivalent to KRW 14,828,363 in total to the Defendant Company, after the Defendant Company received the business from the designated parties, is the price for the year in which the dispute arises between the parties.

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