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(영문) 서울중앙지방법원 2019.02.21 2018나39098
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is engaged in interior construction business. From March 27, 2012 to March 14, 2016, the Defendant was serving as the representative director and internal director of a stock company C (mutual name: D: hereinafter “C”) from March 27, 2012 to March 14, 2016, and resigned from the representative director on March 15, 2016.

C As between E on October 25, 2014, with respect to the interior works of H restaurant located in the Dong-gu Seoul Special Metropolitan City F building G (hereinafter “instant construction works”), C concluded a construction contract (hereinafter “instant construction contract”) with a fixed amount of KRW 275 million (including value-added tax) on October 27, 2014 on the date of commencement, December 30, 2014, the date of completion, and the date of completion, December 30, 2014, and KRW 275 million (including value-added tax).

B. The Plaintiff entered into a commodity supply contract and the household supply contract with the name of “I” as an individual entrepreneur engaged in household wholesale and retail business, and entered into a supply contract with the Defendant on December 16, 2014 with respect to various households to be used at the instant construction site (hereinafter “instant commodity supply contract”).

The Plaintiff supplied 30 2,282,50 won on December 18, 2014, 379,500 won on December 19, 2014, 89,943,000 won on December 19, 2014, and 30 won on December 23, 2014, including 43 households, such as Redium, (Medium), including 43,013,50 won on December 23, 2014, and assistant (production) on January 1, 2015, including 30 2,282,50 won, and 74,822,000 won on January 27, 2015, including 2,49,405,505 won on a total of value-added tax, 305,505 won on a household (i.e., a household of small-scale 2, 2015).

Meanwhile, the Defendant paid to the Plaintiff KRW 25 million in total, including KRW 5 million on December 16, 2014 and KRW 25 million on December 19, 2014, out of the price of goods under the instant goods supply contract.

[Ground of recognition] Evidence No. 1-5, Evidence No. 2-6, Evidence No. 8-11, Evidence No. 14-2, Evidence No. 15, Evidence No. 15, Evidence No. 1, 2, 5, 6, 11, and 12 of this Court’s witness evidence No. 1-5, Evidence No. 2-2, and the purport of the whole pleadings

2. Determination as to the plaintiff's claim

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