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Reasons
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(영문) 수원지방법원안산지원 2019.04.24 2018가단58151
청구이의
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1. The Defendant’s case concerning the purchase price of goods against the Plaintiff of Suwon District Court of July 29, 2015, the Suwon District Court of Suwon Branch of July 29, 2015.

Reasons

1. Facts of recognition;

A. C and the Defendant’s transaction 1) A traded with the Defendant during a transaction with the Defendant from January 1, 2014 to November 20, 2014, with the amount of KRW 94,770,440, and the amount of unpaid transaction by April 15, 2015 is KRW 101,119,340, and KRW 101,119,340. 2) C traded with the Defendant even in 2013.

From March 22, 2013 to December 1, 2013, the transaction amount exceeding 18 million won was deposited from the account under the Plaintiff’s name to the Defendant account. From January 3, 2014 to May 23, 2014, the transaction amount deposited from the account under the Plaintiff’s name to the Defendant account exceeds 40 million won.

3) On December 18, 2014, C made a business registration under the name of the Plaintiff and continued a transaction with the Defendant, and closed D on August 28, 2015, which was after D’s business registration, from January 8, 2015, until August 28, 2015, which was closed from January 8, 2015. The transaction price was paid to the Plaintiff and the Defendant under the name of the Plaintiff, D, E, and C from May 24, 2016 to May 24, 2016.

On June 23, 2017, 2140,000 won was deposited in the name of the Plaintiff, and on December 5, 2017, KRW 5 million and KRW 4 million was deposited in the name of D.

B. As C and E (joint guarantor) are unable to pay the purchase price to the Defendant on November 18, 2014, C and E (joint guarantor) recognize that the Plaintiff owed a debt of KRW 75,87,80 with respect to the purchase price of goods supplied to the Defendant during the period from January 1, 2014 to November 18, 2014, and KRW 18,892,640 with respect to the supply of goods from November 19, 2014 to November 20, 2014, and KRW 94,770,440 with respect to the total of KRW 18,892,640 with respect to the purchase price of goods and KRW 18,70,00,000,000, KRW 30,00,00, KRW 30,00, KRW 47,305,30,307, Mar. 4, 2015.

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