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(영문) 대전지방법원 2020.04.09 2019나110719
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. From July 6, 2017 to June 8, 2018, the Plaintiff supplied 82,342,950 won to the Defendant Company, and the Defendant Company paid only KRW 73,950,790, the Defendant Company is obligated to pay the remainder of the price for the goods and delay damages therefrom to the Plaintiff.

B. Around September 2017, Defendant Company: (a) produced food from October 11, 2017 with permission for the manufacture, etc. of food; and (b) commenced transactions from December 6, 2017 with the Plaintiff.

The outstanding amount claimed by the Plaintiff is related to raw materials supplied to C Co., Ltd. (hereinafter “Non-Party Company”) around July 2017, and the Defendant Company is not obligated to pay it.

2. According to the overall purport of Gap evidence Nos. 1, 2, 4, 6, 8, and Eul evidence Nos. 2 and 3 (including each number), the following facts may be acknowledged.

The representative of the defendant company D's father E and D's south-dong F, which was registered as the auditor of the non-party company, actually operated the non-party company, E is currently in charge of the business of the defendant company, and F is in charge of the director and representative director of the defendant company, and F was resigned on April 15, 2013.

The F served in the Defendant Company even thereafter.

B. D was appointed as an internal director of the Defendant Company on June 23, 2017 and completed the registration thereof on July 3, 2017, but was not involved in the management or operation thereof. On September 18, 2017, when he/she was appointed as an internal director and a representative director of the Defendant Company, he/she did not directly operate or operate the Defendant Company even if he/she had resigned on November 20, 2018.

C. From June 2017, Nonparty Company: (a) since its management status was not good; (b) caused a situation such as delayed payment of wages; and (c) filed a petition for bankruptcy on September 27, 2017.

On July 10, 2017, the defendant company registered its business with the location of the location of the headquarters of the non-party company, and also the food business operator of the non-party company.

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