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1. The Defendant: (a) KRW 265,262,10 for the Plaintiff and KRW 5% per annum from October 31, 2015 to May 18, 2017; and (b).
Reasons
1. Basic facts
A. The Plaintiff Company is a Chinese company established for the purpose of wholesale and retail business of oriental medicine.
B. B entered into an import agency contract with D (representative E) around 2014 while engaging in the herb pharmaceutical wholesale business in the trade name called “C from November 28, 2011.”
C. B imported herb drugs from the Plaintiff Company at the request of D from May 2014 to September 2014, and discontinued C on January 31, 2015.
On the other hand, on January 8, 2015, B established the defendant company for the purpose of wholesale and retail business of oriental medicine, and the representative director B and inside directors were appointed respectively.
[Reasons for Recognition] Unsatisfy, Gap evidence 2-1, Eul evidence 1, 2 (including provisional number), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion company did not receive part of the oriental medicine price supplied to C, and the Defendant Company’s representative director, on October 30, 2015, prepared and delivered an agreement (Evidence A4) stating that “The Defendant Company shall pay USD 233,095 to the Plaintiff Company, and shall pay the Plaintiff the full amount of USD 30,000 at the beginning of each month.” Thus, the Defendant Company is obligated to pay the said agreed amount to the Plaintiff.
B. The Defendant’s assertion that the Defendant Company did not purchase herb drugs from the Plaintiff Company, and only C was acting as an import agent of D.
The Agreement (No. 4) is written by E using the name plates and corporate seal plates representing the defendant company at will, so the defendant company has no obligation to pay the price for the delivery of herb drugs.
C. The fact that judgment B entered into an import agency contract with D prior to the incorporation of the Defendant Company, and imported herb drugs from the Plaintiff Company from May 2014 to September 2014 is as seen earlier.
Furthermore, the evidence Nos. 3 and 4 (a letter of agreement, the name and seal of the defendant company are affixed to the letter of agreement, and the defendant's representative B also written the name of the principal in his/her own writing), the evidence Nos. 5 and 6, and the whole purport of the pleadings.