(영문) 인천지방법원 2016.11.03 2015가합58798

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(영문) 인천지방법원 2016.11.03 2015가합58798

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The representative director C of the Plaintiff, around December 2009, transferred to the company (the Defendant established on January 22, 2010) that is expected to establish the Plaintiff’s mobile energy business division between D and D (the Defendant established on January 22, 2010), if the Plaintiff invested in the said company in the manner of investing in kind all of the aforementioned mobile energy business division’s oil and intangible assets, the said company assessed the above assets in accordance with the certified appraisal report and decided to allocate the above company’s shares to the Plaintiff according to its value. Around that time, the overall discussion on this was conducted from around December 201 to early 2010.

B. At the end of December 2009, the Plaintiff transferred materials, products, and equipment of the aforementioned mobile energy business department (hereinafter “instant facilities, etc.”) to D according to the aforementioned discussions, and the Defendant currently keeps the instant facilities, etc. in the Defendant’s warehouse.

C. On the other hand, on December 31, 2010, the Plaintiff issued a tax invoice of KRW 484,574,913 in total, and KRW 48,457,491 in total, as indicated below, to the Defendant as indicated in the following table (hereinafter “each of the instant tax invoices”).

On December 31, 2010, 461,354, 578, 46, 135, 458 mobile materials and products sold on December 31, 2010, the total amount of supply (if any) of the items on the date of issuance of the mobile equipment sold 23,220,335 2,322,03, 480, 484, 574, 9134, 457, 491, and the total amount of supply (if any) 53,032,404 won [based]] of the absence of dispute, Gap evidence 1, 2, 3 (including the number of branches; hereinafter the same shall apply), Eul evidence 9, 10, 11, 12, 13, witness E testimony, part of witness E testimony, the purport of the entire pleadings, and the purport of the entire pleadings.

2. The parties' assertion

A. On December 31, 2010, the Plaintiff asserted that the Plaintiff sold the instant facilities, etc. to the Defendant for KRW 533,032,404, and issued each of the instant tax invoices to the Defendant to receive the said money.

Nevertheless, the Defendant paid only KRW 63,457,486 out of the price of the above goods to the Plaintiff up to the present day.

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