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(영문) 대구지방법원서부지원 2014.11.28 2013가합3881
물품대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “A”) is a legal entity engaged in scrap metal and non-ferrous metal wholesale and retail business, and the Plaintiff B is a person who engages in non-ferrous metal wholesale and retail business with the trade name “D” and is between the Plaintiff Company A’s representative director E and the married couple.

Defendant C is a person who engages in the wholesale and retail business of scrap metal and non-ferrous metal with the trade name of “F.”

B. On May 2013, Pungjin Co., Ltd. (hereinafter “Pungjin Co., Ltd.”) was awarded a successful bid by Nonparty LG (LG) Electronic Co., Ltd. (hereinafter “LG”) for the idle assets ( equipment) of the ELB-U.S. 2 factory (hereinafter “instant factory”) (hereinafter “instant idle assets”) (hereinafter “instant factory”) as KRW 777 won per Kg, total weight of KRW 1,596,630 g, total amount of KRW 1,240,581,510 (value-added tax separate).

C. 1) The Defendant decided to purchase part of the instant idle assets from Pungjin, etc., and remitted KRW 200,000,000 to Pungjin on May 28, 2013. 2) The Plaintiffs also remitted KRW 200,000 to the Defendant on May 29, 2013, the Plaintiff Company A, and KRW 405,000 to the Plaintiff Company B, and KRW 95,00,000 to the same Pungjin for the purchase of part of the instant idle assets, etc.

3) The Defendant issued each of the tax invoices of KRW 405,00,000 to Plaintiff A on June 29, 2013, KRW 313,700 on July 8, 2013, and KRW 95,00,00 on June 29, 2013 to Plaintiff B, and each of the tax invoices of KRW 30,100 on July 8, 2013 to Plaintiff B. D. The Plaintiffs were the Plaintiffs from June 13, 2013 to July 8, 2013 (hereinafter “instant non-performance, etc.”).

E. E. 1) The Plaintiffs sold the instant non-stock, etc. to another person, and the amount of the disposition does not exceed KRW 500,000,000, and thus, the Plaintiffs asserted that the instant non-stock, etc. was removed in a quantity less than KRW 500,000,00, and that the storm.

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