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(영문) 대전지방법원천안지원 2019.01.10 2018가단104524
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff did not operate a trade name “E” and did not enter into a contract for the supply of ready-mixeds and asphalts with the Defendant, or was not supplied with it. The Defendant asserted that the Plaintiff provisionally attached the Plaintiff’s real estate by asserting that the Plaintiff’s claim for the payment of ready-mixeds and asphalts was provisionally attached, and that the Plaintiff sought confirmation of the non-existence of obligations, such as the Plaintiff’s payment of ready-mixeds, 392, 710 won

2. Examination of the judgment: (a) the following circumstances, which are acknowledged as comprehensively considering the overall purport of oral arguments, namely, (b) the business registration under the Plaintiff’s name “E” was made on April 10, 2015; (c) the Defendant supplied 51,420,710 won to the Plaintiff’s business entity “E” from July 31, 2015 to June 30, 2016; (d) the Plaintiff’s electronic tax invoice was issued with the Plaintiff’s name as the recipient of the said “E” on the ground that the Plaintiff’s business registration was written on September 3, 2015 to KRW 42,00,000 from September 1, 2016 to KRW 42,00,000 on the Plaintiff’s deposit account; and (e) the Plaintiff’s personal seal transfer was made under the Plaintiff’s name under the Plaintiff’s name on the grounds that the Plaintiff’s personal seal impression was transferred.

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