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(영문) 울산지방법원 2019.04.24 2018가합21599
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 842,487,530 as well as the interest rate from May 3, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s supply of goods and the purchase price of goods to Defendant B. 1) The Plaintiff is a company that manufactures high-pressure gas and wholesale business. Defendant B is a person who operates liquefied petroleum and high-pressure gas sales business with the trade name “F”. 2) The Plaintiff supplied professional gas, etc. to Defendant B from August 2015 to December 31, 2016, but Defendant B did not pay KRW 107,904,161 out of the purchase price of goods supplied through the port factory, and KRW 143,312,101 out of the purchase price of goods supplied through the GLPG business.

B. The Plaintiff’s supply of goods and the purchase price of goods to Defendant C and D (1) Defendant B’s name on December 30, 2016, and Defendant C and D for the purpose of gas fuel and retail business for household use with Defendant C and D’ (hereinafter “H”).

(2) Around January 2017, Defendant B agreed to provide the Plaintiff with a new business registration of the trade name, and that F’s unpaid goods will be paid through H’s operation.

3) From January 2017 to December 31, 2017, the Plaintiff supplied professional gas, etc. to H. However, Defendant B, C, and D did not pay a total of KRW 502,260,716 out of the price of the goods supplied by the Plaintiff. (c) Defendant B, C, and D transferred H’s business to Defendant E around January 2018, and Defendant E changed its name.

2) The Defendants did not notify the Plaintiff of the fact that H’s business was transferred to Defendant E as above. 3) The Plaintiff supplied professional gas to H in January 2018 without knowing that H’s business was transferred to Defendant E. Defendant E, and Defendant E did not pay KRW 89,010,552 out of the price of the goods supplied by the Plaintiff.

[Reasons for Recognition] Defendant D: Confession (Article 150(3) of the Civil Procedure Act), Defendant B, C, and E.

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