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(영문) 수원지방법원 성남지원 2018.08.17 2016가합202493
손해배상(기)
Text

1. All of the principal claim and counterclaim claim in this case are dismissed.

2. Of the costs of lawsuit, the part resulting from the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the parties and the pertinent Plaintiff are those operating the wholesale and retail business of computerized goods in Gwangju City with the trade name “D” in Gwangju City, and completed business registration on December 2, 2013.

On the other hand, the defendant is a company with the purpose of manufacturing, wholesale and retailing, service business, etc. of computers and peripheral devices, and E is a person who served from August 2012 to February 16, 2016 as the defendant's strong branch office.

B. The Plaintiff is supplied with computer-related parts, such as Saturdays, owned by the Defendant from May 2, 2013 to February 16, 2016, and the Plaintiff transfers the price of goods to the account under the name of the Defendant and E (hereinafter “instant transaction”).

2) After completing the business registration, the Plaintiff transferred the total sum of KRW 1,34,350,00 to the account under the name of the Defendant and E for the price of goods through the National Bank account (Account Number:F) in the name of the Plaintiff from December 4, 2013 to February 16, 2016 (hereinafter “instant transaction period”). From December 4, 2013, the Plaintiff transferred the total sum of KRW 7,26,129,733 to the account under the name of the Defendant and E for the price of goods, excluding KRW 30,29,648, which was directly transferred to the Defendant’s corporate account on December 4, 2013.

3) Meanwhile, the Defendant issued an electronic tax invoice on computer-related goods supplied to the Plaintiff from November 29, 2013 to February 15, 2016, and the total amount of the purchase price stated in the tax invoice is KRW 7,295,085,483 (including value-added tax).

C. During the criminal proceedings against E, E is for the Defendant by receiving KRW 7,233,730,085 as the price for goods from December 2, 2013 to February 2016, when the Defendant worked as the strong branch of a branch of a branch of a “Defendant” and receiving KRW 7,233,730,085 as the price for goods.

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