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(영문) 대전지방법원논산지원 2015.01.14 2013가합355
물품대금 등
Text

1. Defendant B’s agricultural partnership: the Plaintiff:

(a)transfer the debentures listed in the separate sheet, and agricultural corporation’s constitutional points;

Reasons

1. Claim against the defendant corporation;

A. The Plaintiff is a company engaged in the distribution, processing, and distribution of agricultural products, and it is difficult for the Plaintiff to sell agricultural products under the Plaintiff’s name due to a tax investigation. At the time of October 201, the Plaintiff, the Plaintiff’s managing director, at the time of the Plaintiff’s tax investigation, requested Defendant D to “if the Plaintiff establishes a new agricultural partnership in the name of the Defendant D, and the Plaintiff purchased agricultural products with the money and delivered them to the business partner after the selected and packed them, if the Plaintiff is able to purchase the agricultural products with the money, packing expenses, transportation expenses, etc.”

(2) At the time of the establishment of the Defendant Corporation, the representative director of G, the actual manager, and Defendant D was appointed as the representative director on October 15, 2012). After that, from November 2011 to October 15, 2011, Defendant D was in charge of securing agricultural products quantities, screening, packing, and supply of transaction partners while working as the Plaintiff’s head of the Plaintiff’s business office. The Plaintiff paid goods to the producers of agricultural products through the Defendant Corporation or directly paying goods to them through the Defendant Corporation’s account.

3) The Plaintiff, according to the Customer Director, entered the purchase price of agricultural products made by the Defendant Corporation as “foreign sales amount” against the Defendant Corporation, and the expenses for handling affairs, such as packing and transportation expenses, paid to the Defendant Corporation as “Advance payment,” with the Defendant Corporation’s payment. As of September 7, 2012, the Plaintiff’s balance of the Plaintiff’s “foreign sales amount” against the Defendant Corporation as of September 7, 2012, stated that the remainder of KRW 32,951,960 remains at KRW 32,951,960 as of July 31, 2012. [In the absence of dispute over the grounds for recognition, subparagraphs 2 and 3, evidence 6-1 to 15, evidence 7, evidence 8-1 to 7, evidence 10-5, evidence 10-1 to 19, evidence 13, evidence 14, evidence 15-1, and 15-1.

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