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(영문) 수원지방법원여주지원 2016.05.11 2014가합2005
물품대금
Text

1. The Plaintiff:

A. Defendant B’s KRW 40,910,00 and for this, KRW 6% per annum from July 21, 2015 to May 11, 2016.

Reasons

1. Basic facts

A. The status of the parties, the land transaction between the Plaintiff and the Defendant BC, etc. (1) are the representative director of the Plaintiff and the Plaintiff and the Defendant BC, and the person engaged in planting seedlings such as landscape trees, etc. in the name of “G” from the Gyeonggi-gun F, Inc., and the Defendant C is a person employed by the Defendant B to work as the field manager of G, and Defendant D is a person in charge of Defendant C’s ancillary affairs and the accounting of G.

(2) On July 9, 2008, Defendant B purchased 802 square meters and 601 square meters (hereinafter “H and I land”) from the Plaintiff prior to Innju City, in KRW 200 million, and completed the registration of ownership transfer for each of the above lands on January 28, 2010. The Plaintiff’s intermediary purchased K-to 488 square meters and 2 lots (hereinafter “the two lots, other than K-to-land”) from J as a broker, and completed the registration of ownership transfer for the above lands on May 14, 2012.

The grounds for registration are the sales made on May 10, 2012, but the actual sales contract was concluded on May 19, 2009, and around that time, Defendant C paid 5 million won down payment to J on behalf of Defendant B.

Defendant C drafted a sales contract on each of the above lands as the representative of Defendant B, and Defendant B used each of the above lands as the access road to G.

On the other hand, on June 22, 2009, the Plaintiff paid KRW 45 million to J on June 22, 2009 as a substitute payment for the purchase price of two parcels, including Defendant B’s K land.

(3) Defendant C, while staying in G, was in charge of G alone, requested the Plaintiff to supply agricultural products, such as human resources, seedlings, etc. to create G site, goods, and rice distribution, and the Plaintiff from mid-2008. The Plaintiff supplied human resources, goods, and agricultural products requested by Defendant C.

(4) Around December 22, 2009, the Plaintiff purchased at the Defendant C’s request for land M in the Gansi-si Area (hereinafter “instant M”) from L in the amount of KRW 240 million. Around December 22, 2009, the Plaintiff purchased to L in the amount of KRW 17 million on December 22, 2009 and KRW 17 million on February 26, 2010.

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