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(영문) 서울중앙지방법원 2019.05.23 2017가단5143048
정산금청구등의 소
Text

1. Defendant B Co., Ltd.: 111,448,390 won and 5% per annum from July 17, 2018 to May 23, 2019.

Reasons

1. Basic facts

A. The husband of Defendant C, who is the husband of the Defendant C, supplied goods, such as building materials, to Defendant B while operating an individual business with the trade name of “E”, and on November 10, 2009, established the Plaintiff Company (former Company: F) and appointed its representative director.

Since then, D supplied goods ordered by Defendant B in the name of Plaintiff Company or Private Enterprise E while operating Plaintiff Company and Private Enterprise E.

B. On September 22, 1989, G Co., Ltd. (hereinafter “G”) was a company established on January 11, 2008, and the rehabilitation procedure commenced on June 28, 201, and the rehabilitation procedure was completed on June 28, 2011. D acquired G on June 17, 201, and was appointed as a representative director and an intra-company director by the rehabilitation court.

After January 31, 2016, D et al. supplied goods to Defendant B in the name of the Plaintiff Company, G, and private entity E (hereinafter “Plaintiff et al.”) while operating the Plaintiff Company, G, and private entity E (hereinafter “SP”).

On April 18, 2013, H, a representative of the Plaintiff and D, was appointed as the Plaintiff’s intra-company director.

C. From the date of 2016, Defendant B supplied goods from the three companies, including the Plaintiff, in the above manner, and the price of the goods has been deposited into the account of the Plaintiff Company, G, and D (E).

D A. On September 29, 2016, the Defendant C, his wife, was tried on April 13, 2017 to accept the qualified acceptance under the Incheon Family Court’s 2016-Ma1319. On February 7, 2017, I and J were tried to waive inheritance as the same court’s 2016-Ma1256, and each of the above trials became final and conclusive.

E. After the death of D, the Plaintiff demanded the Defendant B to pay the unpaid goods of the three companies, including the Plaintiff. Accordingly, on February 2, 2017, Defendant B brought close cooperative relations with the Plaintiff during the franchise period. The accurate amount of outstanding goods can be adjusted and repaid in order.

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