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(영문) 청주지방법원 2020.06.24 2018가단35332
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 16, 2014, the Plaintiff entered into a goods transaction contract with a limited partnership company C, and supplied food materials to Ewa Holdings located in Dong-gu, Dong-gu, Chungcheongnam-gu (hereinafter “instantwa Holdings”), which is operated by the limited partnership company C. As of March 3, 2018, the goods amounting to the Plaintiff by the limited partnership company C was KRW 130,681,439.

B. On December 8, 2017, the Defendant: (a) registered the type of business as a photographing business; (b) registered the location of the place of business as “F” with the trade name “F”; and (c) registered the change of the type of business and the type of food added to the type of business in question on March 2018.

C. After that, from March 6, 2018 to November 1, 2018, the Plaintiff supplied the Defendant with food materials equivalent to KRW 96,712,610 (one hundred and twenty thousand twenty and sixty and twenty nine and sixty and one hundred and sixty and one hundred and sixty and one hundred and sixty and one hundred and sixty and one hundred and sixty and one hundred and forty and one hundred and forty and one hundred and forty and one hundred and forty and one hundred and one hundred and forty and one hundred and one hundred and one hundred and sixty and one hundred and one hundred and one and the two and half half are and one and one and the two and half half are and one and half of the two and half years are, and one and

Meanwhile, from March 6, 2018 to November 1, 2018, the amount of goods paid to the Plaintiff under the name of the Defendant during the period from March 6, 2018 to November 1, 2018 is the total of KRW 96,648,210. The amount of goods paid to the Plaintiff under the name of G that was the representative of a limited partnership company C was KRW 12,00

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 1 and 2 (including provisional number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that: (a) from around December 2016, the Defendant entered into a comprehensive transfer and takeover agreement with the limited partnership company C around December 2017, with the name of “F,” with the name of “F; and (b) notified the Plaintiff of the change from the “limited partnership C” to “F” on March 2018; (c) even after the change of the name of the business operator, the Defendant continues to engage in transactions with the Plaintiff; (d) paid the price of the goods to the Plaintiff; and (e) issued the tax invoice under the name of the limited partnership company with respect to some transactions.

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