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(영문) 대구지방법원서부지원 2015.01.22 2014가합2007
청구이의
Text

1. The defendant's order for the payment of the goods price case No. 2013j287 against the plaintiff was issued by the Daegu District Court of Law No. 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in agricultural product processing and distribution business, and the Defendant and C Co., Ltd. (hereinafter “C”) are companies engaged in food material distribution business and wholesale and retail business.

B. Around December 2012, 2012, the Plaintiff, the representative director of the Defendant and C, E and its team leader F, and H and its team leader I, a de facto representative of G (hereinafter “G”) as the Plaintiff’s representative, entered into an agreement to supply goods with each company, stating that “D is expected to establish the Plaintiff, and if the Defendant and C supply food materials to G and the Plaintiff, they would exchange competitive products with each other by pre-processing and processing them, and by delivering part of them to the Defendant and C.”

In addition, at the time of the above arrangement, H delegated the authority of G and D on each of the goods transaction of the Plaintiff, which is scheduled to be established, to I.

C. Under the above agreement, the defendant from January 20, 2013 to the same year

2. By December 23, 200, when I ordered goods in the name of G, the delivery place was designated as Volcana Co., Ltd., Ltd., Co.,, Ltd., Ltd. (hereinafter referred to as “ volcanoa”) located in Chungcheong-gun; and

(hereinafter “instant transaction”). D.

Since February 12, 2013, the Plaintiff was established on February 12, 2013 for the same year.

2. 14. Business registration was completed; D was the representative director; H was the inside director; and I was the auditor.

E. Meanwhile, on September 3, 2013, the Defendant issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay 103,045,450 won to the Defendant and 20% interest per annum from the day following the delivery date of the original copy of the instant payment order to the day of full payment,” and the said payment order was finalized on October 11, 2013.

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