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(영문) 대구지방법원경주지원 2020.09.08 2020가단11134
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. From August 5, 2014 to January 31, 2015, the Plaintiff asserts that the Defendant supplied ready-mixeds at the construction site designated by the Defendant at the Defendant’s request and sought the unpaid payment for ready-mixeds to the Defendant. As such, it is not indicated in the transaction counterpart, and there is no evidence to support that: (a) Party A’s electronic tax invoice No. 2 is indicated as “stock company D”; and (b) Party A’s electronic tax invoice No. 2 is indicated as “B”; and (c) it was concluded between the Plaintiff and the Defendant.

Therefore, the plaintiff's above assertion is without merit.

(1) The plaintiff argues that the defendant is liable to pay the above company's ready-mixed price as the operator of D, but even if the representative director or the actual operator of the corporation is the representative director or the actual operator, there is no ground to deem that the defendant is responsible to pay the debt of the corporation with a separate legal personality as a matter of course. Thus, the plaintiff's claim is without merit.

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