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(영문) 수원지방법원안산지원 2017.04.06 2016가합7453
가공비 정산금지급 청구의 소
Text

1. Defendant C’s KRW 413,223,144 and the interest rate of KRW 15% per annum from December 17, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff is a company established under the law of the People's Republic of China, and is engaged in the manufacture and sale of electronic parts and luminous products as its main business.

B. Defendant B (hereinafter “Defendant B”) is a company established for the purpose of the manufacture and sale of electricity, electronic parts, and Defendant C is a company established for the purpose of the manufacture and sale of electric and electronic parts. According to the entry of Defendant B’s entire certificate of the matters registered as a corporation from March 31, 2014, Defendant C is registered as the representative director of Defendant B even before March 31, 2014 (Provided, That the first appointment date is not clear), and on March 31, 2014, it is registered as a representative director again after resignation.

A person who serves as the representative director of Defendant B.

[Reasons for Recognition] Class A Nos. 1 and 8

2. The plaintiff's assertion

A. On December 10, 2014, the Plaintiff (the representative director of the Plaintiff and the entire delegation of authority in Korea) and the Defendant C, the representative director of the Defendant B, appear to mean the Plaintiff’s weak group of SMT Surfrogy, and appears to mean the chief technology (the function of semiconductor, chips, etc. on the printing circuit board to serve as a large number of equipment and lightizing semiconductors, chips, etc. on the printing circuit board). On December 10, 2014, the Plaintiff (the Plaintiff’s representative director and the entire delegation of authority in Korea) and the Defendant C, the representative director of the Defendant B, concluded a contract with the content that the Plaintiff would pay within 60 days.

At the time of the conclusion of the above contract, Defendant C explained to D that it is the same company as Defendant B and E Limited Corporation, and that it is the representative director of two companies, and Defendant B processed the products of India Co., Ltd., thereby expanding its business to China.

B. On December 25, 2014, the Plaintiff installed two SMTRa and two inspection equipment, and started processing production with 40 employees.

However, Defendant C’s failure to pay the processing cost to the Plaintiff on December 2, 2014, while making it difficult for the Plaintiff to pay the processing cost. The processing cost that was not paid thereafter was KRW 370,457.61 on December 2, 2014, KRW 419,258.92 on January 2015, and KRW 1 on February 2015.

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