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(영문) 수원지방법원안양지원 2015.04.09 2014가합1404
주류대금
Text

1. The Defendants listed in the Schedule of Claim Amount No. 2 shall be the Plaintiff, respectively, and Defendant A, and Defendant A.

Reasons

In fact, the Plaintiff is a company that operates alcoholic beverage wholesale business with a comprehensive license for alcoholic beverage wholesale business. The Defendants are individual operators operating each alcoholic beverage retail business. Among them, Defendant A and B operate each alcoholic beverage retail business jointly with the trade name of “G”, Defendant C and D with the trade name of “H”, Defendant E and F with the trade name of “I”.

The Plaintiff settled alcoholic beverages supplied by the Defendants at the end of each month, and supplied alcoholic beverages to the Defendants through J, K, or L (hereinafter “J, etc.”) that manages the business of the Defendants.

As of February 28, 2013, the Plaintiff supplied alcoholic beverages equivalent to KRW 7,482,180 in the workplace of Defendant A and B, and KRW 9,932,070 in the workplace of Defendant C and D, and KRW 20,109,684 in the workplace of Defendant E and F, and was not paid for the remaining Defendants. The Plaintiff did not receive alcoholic beverages equivalent to the corresponding amount stated in the claim amount column in attached Table 2.

On the other hand, J, etc. withdrawn from the Plaintiff on or before February 28, 2013, and on February 2013, 2013, the Defendants, who were under the tax investigation with respect to the Plaintiff, requested to pay in cash the amount of alcoholic beverages scheduled to be immediately closed by the Plaintiff. The Defendants, “K, L, and M, N, andO, in receipt of instructions from the J, prepared a confirmation document that the Defendants paid to the Defendants the total amount of alcoholic beverages as of March 1, 2013, and some of the Defendants, from February 28, 2013 to March 2013, are K, L, M, and N.

The payment of all or part of the alcoholic beverages stated in the Paragraph was made respectively.

【Partial Grounds for Recognition】 In the absence of dispute, following the above facts of recognition: Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 through 7 (including each number), Eul evidence Nos. 1, Eul evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings, the defendants are subject to the above facts of recognition.

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