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(영문) 인천지방법원 2016.05.12 2014가합11440
물품대금
Text

1. The part of the claim for the confirmation of rehabilitation claims of 30,000,000 won among the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a company established around September 201, which manufactures cosmetic equipment, such as the Hague equipment, and sells it through home shopping, etc., and C (hereinafter “C”) is a company established around December 2013 and supplies electronic parts, etc. necessary for cosmetic equipment, etc.

The Plaintiff is a company that manufactures and supplies a printed circuit board, electronic parts, etc. (hereinafter referred to as "PCB, etc.") to C and A.

B. The Plaintiff provided PCB, etc. to C from May 2014 to July 2014, and provided PCB, etc. to A from May 2014 to September 2014.

(hereinafter the Plaintiff’s supply transaction, including the above PCB, to A and C, shall be referred to as “the supply transaction of the instant goods.”

D, while rendering development services in A and C, ordered PCB, etc. to the Plaintiff and received goods supplied by the Plaintiff, requested the Plaintiff to issue a tax invoice in the name of C on part of the price of goods such as PCB, etc. ordered from May to July, 2014. Accordingly, the Plaintiff issued a tax invoice in the name of C.

On October 8, 2015, the rehabilitation procedure for A was initiated on October 8, 2015, and the Defendant was appointed as a custodian.

In the above rehabilitation procedure, the Plaintiff reported 127,861,736 won for unpaid goods supply transaction and 6,50,723 won for interest prior to commencement as a rehabilitation claim against A. However, the Defendant raised an objection against all of the above 97,861,736 won and interest prior to commencement, and taken over the litigation procedure of this case.

Since then, the plaintiff withdrawn the lawsuit against C and changed the purport of the claim of this case to seek confirmation of the rehabilitation claim against A.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1 through 7, 13, 14, Eul evidence 1 and 2 (including each number), witness D's testimony, the purport of the whole pleadings

2. The Parties.

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