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(영문) 수원지방법원 성남지원 2018.07.13 2017가단224189
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 48,861,530 and the interest rate of KRW 15% per annum from September 15, 2017 to the day of complete payment.

Reasons

The Plaintiff asserted that the Plaintiff supplied the Plaintiff’s seat to supply the Plaintiff with the goods payment claim, and C established the Plaintiff Company D (hereinafter “D”) and assumed the goods payment claim against the Plaintiff, and D continued to engage in transactions with the Plaintiff.

As D’s management aggravation, C established the Defendant and assumed the obligation to pay for the remaining goods to the Plaintiff, and the Defendant continued to engage in transactions with the Plaintiff, and the Defendant is obligated to pay the remaining goods price of KRW 48,861,530 and delay damages therefrom to the Plaintiff.

The Defendant did not take over the obligation to the Plaintiff of C or D for the pre-sale of the pre-sale of the goods. After the establishment of the Defendant, the Defendant supplied the Plaintiff a total of KRW 92,688,80 on the basis of the tax invoice, and paid KRW 76,941,270 among them. As such, the unpaid amount of the goods is KRW 15,747,530 (=92,68,800 - KRW 76,941,270).

Judgment

In full view of the statements in Gap evidence 1, 2, and Eul evidence 6, and the purport of the whole pleadings in the witness Eul's testimony, the plaintiff is a person operating a self-help processing company with the trade name of "E" and supplied human and physical assets and business of "E" from 2001 to C, who is a household manufacturer, and Eul establishes Eul on June 7, 2013 to have D take over the obligations of the plaintiff's pre-existing goods payment against the plaintiff, and continued transactions with the plaintiff, Eul established the defendant after closing its business and establishing the defendant, and made the defendant take over the obligations of Eul's pre-existing goods payment against the plaintiff, and Eul continued transactions with the plaintiff; Eul registered the plaintiff as the representative director at the time of establishment of the defendant with a bad credit holder; Eul and the defendant are both identical in the location of the principal office as a household manufacturer; and the defendant acquires the business by transferring the plaintiff's previous goods and business of "D" as it is, while supplying the plaintiff's previous goods to the defendant.

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