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(영문) 서울중앙지방법원 2020.06.19 2018가단5227233
추심금
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from January 2, 2017 to June 19, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff was established on December 10, 1997 for the purpose of supporting patients, such as D, and operated a profit-making business, such as forest wood, waste recycling, synthetic resin recycling, etc., and wholesale and retail business, with a place of business nationwide to carry out the intended business. On July 1, 2008, the Plaintiff registered the business with respect to the place of business belonging to the Plaintiff. 2) E is the representative director of F Co., Ltd. (hereinafter “F”) and the representative director of the branch office of the Plaintiff from March 31, 2003.

3) The Defendant is a company that is engaged in the manufacture of synthetic resin and recyclables, wholesale and retail business, etc., and the Defendant’s waste synthetic resin materials (hereinafter “renew resin materials”) from F between F and F around February 20, 2012.

(1) A contract for goods transaction to be supplied (hereinafter “instant contract”)

(2) Upon closure of business registration around June 27, 2012 by F, the Defendant filed a lawsuit against the Plaintiff, E, F, and K seeking payment of KRW 350 million in total and delay damages, including KRW 100 million in total, and KRW 350 million in delay from the above court on December 8, 2016, with the aforementioned court: “The Plaintiff, E, and F jointly with the Defendant for KRW 350 million in total, and KRW 60 million in total, and KRW 100 million in total, from December 1, 2012 to December 8, 2016; and KRW 150,000 in total, from the day following the date of completion of business registration.”

2) On September 14, 2017, the Plaintiff filed an appeal against the judgment of the provisional execution sentence of this case, and on September 14, 2017, the Daejeon High Court rendered a judgment that “the part against the Plaintiff among the judgment of the first instance is revoked, and the Defendant’s claim against the Plaintiff is dismissed” (No. 2017Na10099).

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