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(영문) 서울남부지방법원 2016.07.06 2014가단239062
물품대금
Text

The defendant shall pay to the plaintiff KRW 24,947,200 as well as 6% per annum from November 29, 2014 to July 6, 2016.

Reasons

Basic Facts

The defendant was decided to commence rehabilitation procedures on April 10, 2013 in Suwon District Court 2013 Gohap27 in the rehabilitation case, and was decided to obtain the rehabilitation plan approval on May 29, 2014.

Nonparty B completed the business registration of “C” in his/her name on February 25, 2013 at the Defendant’s request while Nonparty B was in charge of the payment of goods at the Defendant Company from May 201 to August 2014.

The non-party D operated a single kind of business with the trade name of "E" and went into bankruptcy on or around January 2, 2013, and was in charge of managing the Defendant Company's business and customer management from around September 2013.

The Defendant purchased the instant raw materials from the Plaintiff through D on October 16, 2013, through which the said rehabilitation procedure had been in progress, from the Plaintiff at KRW 22,308,00 (hereinafter “instant raw materials”), and paid KRW 22,308,00 to the account in the name of F (spouse of the representative director of the Plaintiff) in the name of D.

When the Plaintiff trades with the Defendant, the instant raw materials were requested by the producer for shipment to the Geum Petroleum Chemical Co., Ltd. (hereinafter “gold Petroleum Chemical”) and the Geum Petroleum Chemical Logistics Team was transported to the same purchaser as the Defendant, or supplied by the purchasing company directly.

[Ground of recognition] The facts that there is no dispute between the parties, Gap 2, 7, and 12 evidence (if there is a serial number, including branch numbers; hereinafter the same shall apply), the witness B, Eul's testimony, and the overall purport of the pleadings, and the facts that the plaintiff provided the raw materials of this case in total of KRW 121,552,200 to the defendant during the period from June 10, 2014 to July 31, 2014, and received a total of KRW 65,00,000 from the defendant are supplied with the raw materials of this case and received a total of KRW 65,00,00 from the defendant, or can be acknowledged by the overall purport of each of the statements and arguments in Gap 3,6.

[Detailed details are as shown in Appendix 1, “The details of transactions from June 10, 2014 to July 31, 2014” (as stated in Appendix 3).

hereinafter referred to as "the details of the instant transactions"

Thus, the defendant.

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