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(영문) 청주지방법원 2017.07.18 2016나10101
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

(a) The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, either the entry of Gap evidence 2 and the testimony of the first instance court D and E:

Contrary to this, part of Eul evidence Nos. 10 and testimony of Eul witness of this Court is not reliable, and each part of Eul evidence Nos. 1 through 9, 11 through 16 (including all of the serial numbers) is insufficient to reverse it, and there is no other counter-proof.

① The Plaintiff (hereinafter “Plaintiff”) is a corporation that engages in the imported alcoholic beverage wholesale business.

The defendant, who operates the main point of "G", has comprehensively delegated the overall operation of the main point to the defendant's husband C.

② Around November 19, 2008, the Plaintiff Company and C concluded a liquor supply contract with the content that the Plaintiff Company would supply alcoholic beverages to the Defendant. The Plaintiff Company supplied alcoholic beverages to the Defendant from that time to April 17, 2012.

③ On May 2012, E acquired the Plaintiff Company, while identifying the financial status of the Plaintiff Company, requested D representative director of the Plaintiff Company to recover the outstanding amount with knowledge of the fact that the outstanding amount was due.

④ Since D’s failure to recover the outstanding amount, around July 2012, E consulted with C on the settlement of the outstanding amount as D, and finally, between C and C, the obligation to pay the outstanding amount to the Plaintiff Company was settled at KRW 20,000,000, and C, which was substantially operated by C, agreed to pay the outstanding amount as the sale price (hereinafter “instant agreement”).

B. According to the facts found, the Defendant is obligated to pay the Plaintiff Company the settlement amount of KRW 20,000,000 for the supply of alcoholic beverages and the delay damages therefrom, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that this case’s agreement pertains to “H singing.”

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