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(영문) 수원지방법원용인시법원 2015.09.03 2015가단53
청구이의
Text

1. The defendant's case of the purchase price for the goods at Suwon District Court 2013Gapo28877 against the plaintiff.

Reasons

1. Basic facts

A. On July 3, 2013, the Defendant filed a lawsuit against the Plaintiff and C seeking payment of the purchase price of goods under this Court No. 2013 Ghana2877, Jun. 18, 2014, and the court rendered a decision of performance recommendation with the purport that “the Plaintiff and C shall jointly and severally pay to the Defendant the amount of KRW 8,804,805 and the amount calculated at the rate of 20% per annum from the day following the delivery of the instant complaint to the day of full payment.” The said decision was served on the Plaintiff on June 30, 2014, and became final and conclusive as is on July 15, 2014.

(hereinafter referred to as "the execution recommendation of this case". (b)

On the other hand, C was served on July 25, 2014 on the same month when it received the notice of performance recommendation.

7. On October 10, 2014, a party supplied goods from the Defendant filed an objection on the ground that the goods are not Plaintiff C, and this Court rendered a favorable judgment against the Defendant on October 10, 2014, after having tried the case on the date for pleading with respect to C.

C. On October 24, 2014, the Defendant appealed as Suwon District Court 2014Na40715 on October 24, 2014, and on February 6, 2015, “1. The Defendant waives its claim.”

2. The total costs and expenses for conciliation shall be borne by each person;

‘Adjustment' has been concluded with the content thereof.

[Ground] Facts without dispute, Gap evidence 3, Eul evidence 4-1 to 3,6, 11 to 13, 15, the purport of the whole pleadings

2. Pleadings and Finines;

A. The gist of the Plaintiff’s assertion 1) The Plaintiff: (a) supplied vinyl products designated by E (C’s spouse) as a real operator of D (business registration certificate) from the Defendant and supplied them to F in the name of D; (b) the Defendant’s trading partner is “D (C)” and the Defendant also issued a transaction statement in D; (c) the Defendant is liable for the payment of the goods to the Defendant. Therefore, compulsory execution based on the instant performance recommendation decision should not be permitted. (b) The Defendant’s assertion that the Plaintiff is a person in a business relationship with C and is in a business relationship with the Defendant, and is in a “F” upon receiving goods from the Defendant.

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