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(영문) 전주지방법원 2017.06.22 2016나4818
물품대금
Text

1. The cancellation of the part against Defendant D and E in the judgment of the court of first instance, and the plaintiff D and E corresponding to the revoked part.

Reasons

1. Basic facts

A. As of September 2013, Defendant C’s representative director, Defendant D, directors, Nonparty F, and G were employed as auditors based on the status of the parties (hereinafter “Defendant C”) as a corporation aimed at cultivating and selling long-cerebral ginseng, or at cultivating and distributing Korean medicine herbs, etc., and both of them were members of the Defendant Corporation.

B. The Plaintiff entered into a contract to sell 30,000,000,000 won, which is approximately 12,000,000,000,000 won, to the Defendant Corporation, which is located in Jinan-gun, Jeonyang-gun, Jinan-gun, the Plaintiff paid to the Defendant Corporation the amount of KRW 6-8,000,000,000,000 for the first intermediate payment until August 28, 2013, and the second intermediate payment of KRW 20,00,000 until September 30, 2013, and KRW 60,000 for the second intermediate payment of KRW 60,00,00 until November 30, 2013, and KRW 39,00,00,000 for the remainder payment

(hereinafter “instant sales contract”). C.

As to the mountain ginseng, the Plaintiff was subject to the quality inspection of the special forest products, the term of validity of which is from January 9, 2013 to January 8, 2015, from the Korea Forestry Promotion Institute.

The final and conclusive judgment against Defendant C was prosecuted as follows: (a) the Plaintiff filed a criminal complaint against Defendant C because it was not paid part of the purchase price of Gyeyang Ginseng; and (b) Defendant C was indicted as the charge stating that “In spite of no intent or ability to pay the purchase price, the Plaintiff deceivings the Plaintiff without any intention or ability, and that he received approximately KRW 30,000,000,000 from the Plaintiff, which was known to Jinyang-gun, Jinan-gun, and then acquired it by deception.”

On July 7, 2015, the Jeonju District Court rendered a judgment of conviction against Defendant C (the Jeonju District Court 2015Kadan566). Accordingly, Defendant C appealed appealed with the Jeonju District Court 2015No961, but the dismissal of appeal became final and conclusive.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 5, substantial facts in this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. Defendant.

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