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(영문) 서울중앙지방법원 2020.10.14 2019가합542757
물품대금
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 45,400,000, out of the said money.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of distributing and selling food on June 9, 2014. Defendant C (hereinafter “Defendant Company”) is a company established on December 31, 2013 for the purpose of exporting and importing wholesale and fishery products wholesale and retail business. Defendant B is a sole internal director of the Defendant Company, and Defendant D is the spouse of Defendant B.

B. (1) From October 2018 to December 12, 2018, the Plaintiff supplied heading, heading, and bean (i) with the Defendant Company, and (ii) around December 2, 2018. The Defendant B prepared, around December 2018, a redemption plan (hereinafter “instant redemption plan”) as follows at the bottom of “the current status of purchase and sale against E” (hereinafter “instant redemption plan”) with the Plaintiff.

The balance verification and repayment plan (Evidence 2) - The date and time: 176,536,910 won: the above balance amount of KRW 176,536,910 was not fulfilled at all until December 10, 2018. The repayment plan: Samcheon, 30,000 won ( KRW 30,000) on December 28, 2018: Samcheon, 30,000 won ( KRW 30,000,000): January 4, 2019: Ten million won ( KRW 60,000,000) on December 12, 2018: the Republic of Korea shall be liable for the failure of the obligation of KRW 176,536,910 by December 10, 2018.

(2) Thereafter, the Plaintiff supplied Defendant B with an amount equivalent to KRW 16,329,60 on December 13, 2018, and KRW 12,757,500 on December 18, 2018.

C. The Plaintiff and the Defendant Company paid KRW 51,20,000 to the Defendant Company on November 30, 2018, under the circumstances where the Plaintiff was liable for the purchase of the goods of KRW 5,800,000 to the Defendant Company, but did not receive any stuff from the Defendant Company.

(2) Around December 2018, Defendant B and the Defendant Company made the following commitments (hereinafter “instant commitments”) at the bottom of “the current status of purchase and sale of (State)C (Defendant Company)” to the Plaintiff.

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