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(영문) 수원지방법원여주지원 2014.03.07 2013가단3790
물품대금
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) 64,194,500 won against the Plaintiff (Counterclaim Defendant) and its related amount from September 14, 2013.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. (1) A non-party D Co., Ltd. (hereinafter “non-party D”) established on June 29, 199 for the purpose of manufacturing and selling electrical and electronic equipment, and discontinued on November 26, 2010. Nonparty E, a registered director, is the Dong Office of Defendant C, and Defendant C was the actual representative of D, such as conducting external transactions by using the name cards indicated as the “representative” of D.

(2) Meanwhile, Defendant C, on April 208, established a personal business entity called “B,” and operated wholesale and retail business of electrical and electronic equipment, etc., and closed the business on July 7, 2010.

(3) The Defendant Company was established on January 21, 2010 for the purpose of manufacturing, selling, etc. air conditioners, and Defendant C is its inside director.

B. (1) Non-party G Co., Ltd. (hereinafter “non-party G”) established on August 30, 199 for the purpose of manufacturing and selling electronic parts. Non-party G Co., Ltd. (hereinafter “non-party G”) established on August 30, 199 for the purpose of manufacturing and selling electronic parts. The representative director of the Plaintiff Co., Ltd. and the director of the Plaintiff Co., Ltd., and the director of the Plaintiff Co., Ltd. were directors and internal directors. The non-party F Co., Ltd. was the husband of the Plaintiff Co., Ltd. and the non-party F Co., Ltd. (hereinafter “non-party G”), and operated the part of the Plaintiff Co., Ltd.’s company as a company affiliated with F and H, with the share holder of 4

(2) The Plaintiff Company was established on February 3, 2010 for the purpose of the distribution and sale of spawn, spawn, spawn, and spawn, and the representative director is I, but the F, its husband, is operating as the actual representative.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 6, Eul evidence Nos. 3, 5, 6, 9 (including each number), the purport of the whole pleadings (the remaining evidence, etc. submitted by the original defendant shall not interfere with the above fact-finding)

2. Determination on the main claim

A. The summary of the cause of the principal claim (1) Nonparty G from May 12, 2009 to February 3, 2010, Nonparty D, Defendant C (B) and Defendant Company.

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