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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 6, 2002, the Defendant established a private business chain B and operated equipment business. The Defendant’s husband C was changed to E on November 18, 2008, and the Defendant’s husband C established D Co., Ltd. (hereinafter “foreign company”).
B. Around 2010, the Defendant: (a) purchased a F-based F-based factory site on 2,052 square meters; (b) constructed a factory on the said site; and (c) leased it to the Nonparty Company.
C. From October 2014 to November 2015, the Plaintiff supplied Nonparty Company with the total amount of KRW 855,380,000 as listed in the following table, and received KRW 419,870,000 as the price for the goods and received KRW 435,510,000 as the price for the goods, and still remains the outstanding amount of KRW 435,510,00.
Amount paid for the goods supplied as of the date of issuance of a tax invoice on October 31, 2014 (won) shall be 30,000,000 109,870,000 109,870,0000 on November 30, 2014; 10,450,000 on January 31, 3015; 49,50,500 on April 30, 2015; 80,80,000,000,000 on August 28, 2015; 10,000,000 on September 20, 2015; 10,000,000,000,000, 100,000, 110,0000, 110,000,00 on September 30, 2015;
D. On March 23, 2016, Nonparty Company was decided to commence rehabilitation procedures as Seoul Central District Court 2016 Ma10038, but on June 1, 2016, Nonparty Company was decided to discontinue rehabilitation procedures on the grounds that the corporate value was significantly lower than the liquidation value.
E. On August 9, 2016, Nonparty Company was declared bankrupt by Seoul Central District Court 2016Hahap100168, and on December 31, 2015, according to the statement of financial position as of December 31, 2015, Nonparty Company’s total assets amounting to KRW 3,204,616,916, total debt amounting to KRW 4,212,803,684, and Nonparty Company’s bankruptcy trustee agreed to the Plaintiff’s claim for attempted payment amounting to KRW 435,510,000.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings
2. The summary of the plaintiff's assertion is that the non-party company and the defendant's personal company B are only the husband C of the non-party company, and both the non-party company and the non-party B are the husband C.