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(영문) 서울북부지방법원 2018.09.13 2017가단140272
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of manufacturing textile and synthetic resin products.

B. Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was established on October 12, 2015 for the purpose of manufacturing and wholesale and retail business of clothing and clothing board, and C Co., Ltd. (hereinafter “Co.”) was established on April 25, 2016 for the purpose of manufacturing and selling clothing, textile board, wholesale and retail business, etc., and was closed on November 3, 2017. The representative director on the registry is D and on the registry, Dongdaemun-gu Seoul E and 2.

C. Meanwhile, D has completed business registration regarding the manufacturing of clothes and clothing subsidiary materials with the trade name on February 17, 2014 as “C” and the location of the place of business as “Seoul Dongdaemun-gu E and the second floor”.

C Co., Ltd., under its name, prepared and issued each supply confirmation and tax invoice for the Plaintiff’s total amount of KRW 242,901,848, which the Plaintiff supplied 39 times from September 23, 2016 to December 22, 2016 (hereinafter “instant goods”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10-1, 23, Eul and Eul evidence 1, 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion, Defendant Company, C, and C whose business registration has been completed under the name of the Plaintiff (hereinafter “Defendant Company, etc.”) are controlled by Defendant B, who is the actual manager, and constitutes one company or partnership under the Civil Act, which operates a business jointly using the same human and physical organization at the same location.

Although the Plaintiff supplied the instant goods to the Defendant Company, etc. as above, the Plaintiff did not receive KRW 87,258,98 out of the price of the goods. The Defendants are jointly and severally liable to pay the said money and delay damages to the Plaintiff.

B. The defendant company's assertion is merely a company that has a cooperation relationship with C, and is also a company.

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