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(영문) 수원지방법원 2020.01.17 2019나4196
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The plaintiff is a company with the business purpose of processing and selling food materials, and the Co-Defendant C Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. (hereinafter referred to as the "Defendant Co-Defendant Co-Defendant Co., Ltd.") is a company with the business objective

During the period from January 23, 2018 to August 14, 2018, the Plaintiff supplied the Defendant Company with food materials, etc. (hereinafter referred to as “instant goods”), and issued a tax invoice on the price of the said goods to the Defendant Company (Evidence A2), but did not pay KRW 22,871,656 (hereinafter referred to as “the price of the instant goods”).

On October 26, 2018, the Defendant prepared to the Plaintiff a written confirmation of the balance stating that “C representative director B (Defendant) received food materials from the State (Plaintiff) from January 23, 2018 to August 14, 2018, and confirmed that there is KRW 22,871,656, which is not currently paid (hereinafter “written confirmation of the balance 1”).” (hereinafter “written confirmation of the balance 1”).

(A) After October 30, 2018, the Defendant drafted a balance certificate stating that “B (Defendant) received food materials from (Plaintiff) A (Plaintiff) from January 23, 2018 to August 14, 2018, and confirmed that there is KRW 22,871,656 not paid at present” (hereinafter “certificate of Second Balance”) to the Plaintiff on October 30, 2018.

(A) 【No. 3’s ground for recognition”, 【No. 1’s evidence, each entry in Gap’s evidence No. 1’s evidence No. 5, the assertion of the purport of the entire pleadings, and the plaintiff’s assertion of judgment, have been operated by the defendant as the defendant from March 29, 2018, in fact as the defendant’s representative director, and the defendant prepared a second balance certificate stating the defendant as the defendant, separate from the first balance certificate, in which the defendant is liable for the payment of the price of the goods of this case.

Therefore, the defendant, jointly with the defendant company, raises objection to the plaintiff.

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