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(영문) 대전지방법원 2017.04.25 2015가단24376
물품대금
Text

1. As to KRW 16,00,000 out of KRW 25,372,160, Defendant B, the Plaintiff, from September 21, 2014, the remainder of KRW 9,372,160.

Reasons

Basic Facts

C is the substantial operator of the company as the internal director of the company D (hereinafter referred to as the “foreign company”) that operates the signboard manufacturing business.

Defendant B is the actual operator of Defendant A Co., Ltd. (hereinafter “Defendant Company”).

On June 25, 2014, the Defendant Company entered into a contract under which the Defendant Company acquires all of the machinery, equipment, business, and employment of Nonparty Company to KRW 80,000 (hereinafter “instant underwriting contract”).

From July 1, 2014 to August 29, 2014, the Plaintiff supplied goods to Defendant B (the other party who entered into a goods supply contract with the Plaintiff is either a defendant company or a non-party company is one of the major issues of the instant case). The price of goods that the Plaintiff failed to receive as of August 29, 2014 was KRW 25,372,160.

On August 29, 2014, the Plaintiff received a written confirmation of the following balance (Evidence A(hereinafter “instant balance certificate”) from Defendant B.

We confirm that the balance of the closed death balance on the base date of the balance certificate is 25,372,160 won on August 29, 2014.

On August 29, 2014: The representative E: Defendant B registered the business under the name of “G” in the name of Dong N on September 1, 2014 and registered the business under the name of Dong N on September 1, 2014, Jung-gu Daejeon, which was the location of the non-party company, as the domicile of the non-party company.

A conflict arose between the Defendant Company and C regarding the implementation of the instant underwriting agreement, and the Defendant Company rescinded the agreement on September 23, 2014 with the instant underwriting agreement.

[Grounds for recognition] A, A’s evidence 1, A’s evidence 4, A’s evidence 7-1, and A’s evidence 14, and the Plaintiff’s assertion as to the claim against the Defendant Company with respect to the purport of the entire pleadings as to the entire purport of the pleadings, representation of right, expression representation, and expression manager’s assertion, on behalf of the Defendant Company, the Defendant B trades with the Plaintiff from July 1, 2014 to August 29, 2014 under the name of the Nonparty Company.

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