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(영문) 인천지방법원부천지원 2016.05.27 2016가단3265
미수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or are revealed in full view of Gap evidence No. 3, Gap evidence No. 5, Gap evidence No. 6, Eul evidence No. 4, and the purport of the whole pleadings.

B Co., Ltd. (hereinafter “B”) supplied goods to the Defendant from around 2009 to 2010, and was not reimbursed KRW 29,210,810.

B. The Plaintiff was the representative director of B from March 30, 2008, but resigned on June 30, 2015, and from June 30, 2015, C was the only in-house director.

2. The plaintiff asserted and determined that B's claim amounting to KRW 29,210,810 against the defendant (hereinafter "the claim of this case") is the plaintiff's claim, and the defendant is obligated to pay it to the plaintiff. Accordingly, the defendant asserts that the claim of this case is a claim for supplying goods to the defendant, and thus, the claim of this case is a claim of Section B.

In this case, it is difficult to recognize the claim of this case as the plaintiff's claim only with the evidence submitted by the plaintiff and there is no other evidence to acknowledge it.

(E) As seen earlier, the claim in this case is the outstanding claim against the Defendant in B). Therefore, the Plaintiff’s assertion is without merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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