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(영문) 서울북부지방법원 2014.10.29 2013가단33130
용역대금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts may be acknowledged as either in dispute between the parties or in full view of the statements in Gap's 1 to 3, 6, Eul's 1 to 5, witness D, and E's testimony. A.

The Plaintiffs are companies or individuals with the purpose of manufacturing clothing materials.

B. On July 3, 2009, the Plaintiff Company entered into a service contract for self-denunciation processing, etc. with the Defendant’s father E, and performed the service until October 30, 2010. However, the Plaintiff Company did not receive the remainder of KRW 29 million, excluding the amount already received 4.4 million out of the service price.

C. On October 2012, Plaintiff B (F Company) entered into a service contract, such as the self-denunciation of order, with Defendant’s father E, and performed the service until November 30, 2012. However, Plaintiff B (F Company) did not receive the remainder of KRW 32,028,50,000, excluding KRW 10 million, out of the service cost.

E has been engaged in the original wholesale business for a long time in the name of “G”, but the relationship with the Plaintiffs as bad credit holders, without receiving a tax invoice, and the service payment was also paid to the account in the name of the Defendant, H or the Defendant, which is the wife. On October 31, 2009, the Plaintiff’s representative director I transferred KRW 10 million to the Plaintiff B on November 17, 2012, respectively.

E. Meanwhile, on October 1, 2009, the Defendant registered its business with the trade name "J", and runs a wholesale and retail business of the Textiles-gu Seoul Jongno-gu L market 3rd A, 3041, in Jongno-gu, Seoul.

F. In addition to the above service contract, the Plaintiff Company received KRW 50 million from the account in the name of H in transactions with E, and the Plaintiff Company entered into a self-denunciation service contract with the Defendant (J) on November 30, 2010 and received KRW 4,455,000 on a regular basis, after issuing a tax invoice.

2. The Plaintiffs are provided services from the Plaintiffs while running their businesses jointly with the Defendant and E, and thereafter E.

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