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(영문) 수원지방법원안양지원 2019.07.24 2017가단124486
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. The Plaintiff entered into an oil supply contract with the Defendant around September 2016, and supplied three times from September 28, 2016 to December 6, 2016 oil equivalent to KRW 116,630,000.

B. At the time of concluding the above oil supply contract, the Defendant entered into an oral oil supply contract with C using the Plaintiff’s representative title, and the Plaintiff does not dispute the validity of the above oil supply contract concluded by C on behalf of the Plaintiff.

C. C is registered as an auditor in the register of corporate register of the plaintiff.

From September 28, 2016 to December 6, 2016, as listed below, the Defendant remitted KRW 77,680,000 in total to the Plaintiff’s corporate account. From September 30, 2016 to October 11, 2016, the Defendant remitted KRW 116,630,000 in total to C’s personal account.

On October 5, 2016, 2016.28. 23,00,000,000 Business A Co., Ltd. D 20 on Oct. 8, 2016. 30 on Oct. 10, 2016. 28, 2016. 8, 950,000 A Co., Ltd. C 3, 2016. 5,480,000 on Oct. 10, 200 on Oct. 14, 2016. 10, 910,000 A Co., Ltd. 6, 200 on Oct. 10, 2016; 10,000 A Co., Ltd. (D 70,000,000 A Co., Ltd.) on Oct. 10, 2000; 30,308,3016 A. 16.

E. C consumed the above oil price of KRW 38,950,000, which was paid by the Defendant, for a private purpose without delivering it to the Plaintiff while being kept for the Plaintiff.

2. The Plaintiff’s assertion that the Plaintiff did not grant C the right to receive oil payment, and thus, KRW 38,950,000, which the Defendant remitted to the personal account of C, is not a valid repayment to the Plaintiff.

Therefore, the Plaintiff seek against the Defendant the payment of KRW 19,950,000 as well as damages for delay, excluding KRW 19,00,000,000, which was issued with the claim attachment and collection order under the Suwon District Court’s Ansan Branch 2017TT 22177.

3. The defendant's defense C is a oil supply contract with the defendant using the name of the plaintiff's representative.

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