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(영문) 부산지방법원 2018.09.18 2017가단333455
물품대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 31,473,460 won and the period from December 1, 2014 to September 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who processes metal materials with the trade name of “D” and manufactures and supplies industrial machinery parts.

On July 11, 2014, Defendant B, who operates a business manufacturing industrial machinery under the trade name of “C,” was incorporated into Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) with the same objective of manufacturing industrial machinery, manufacturing industrial materials, and selling industrial materials, and thereafter has served as the representative director of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. The Plaintiff from April 1, 2014 to the same year

8. By the end of 29.2, Defendant B supplied “C” with the goods equivalent to KRW 183,136,600 (Additional Tax No. 18,313,660) in total, the supply value of processed main goods, “8”, “processed main materials, 10”, “processed main materials,” “processed goods, materials, and portable cables.”

C. On September 30, 2014, the Plaintiff prepared a trading list with the content that the Plaintiff supplied goods equivalent to KRW 15,112,00 in total amount of supply value, such as damp lines, to the above “C”, and prepared an electronic tax invoice with the same content and issued it to the Defendant.

On November 30, 2014, the Plaintiff, after the incorporation of the Defendant Company, supplied the Defendant Company with the goods equivalent to KRW 5,814,200, total value of supply, such as CAPTSD RoUM (excluding value-added tax 581,420, separate).

E. The Plaintiff was paid KRW 120,000,000 in the name of “C” on June 11, 2014, and KRW 5,000,000 on June 16, 2014, and KRW 15,000,000 on June 17, 2014, and KRW 50,000 on July 10, 2014, and KRW 20,000 on September 4, 2014, and KRW 20,000 on November 6, 2014.

In addition, after the Plaintiff became a defendant company, the Plaintiff received KRW 44,395,620 from the Defendant company as the price for goods under the name of the price for goods, etc. on October 16, 2014, and KRW 10,000,000 on December 16, 2014, and KRW 44,395,620 on March 31, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 4 evidence 1, 2, 3, and Gap 3-1 and 2 are all arguments.

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