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(영문) 의정부지방법원 2017.08.31 2015가단120345
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. 1) The Plaintiff is a person engaged in wholesale business with the trade name of D. 2) The Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company engaging in wholesale business with food miscellaneous retail business, and Defendant B is a person who actually operates Defendant C.

B. D&D Co., Ltd. and Defendant C’s establishment 1) E (hereinafter “E”)

A) A company that had engaged in food sales and export-import business, and F operated E as a representative director after the commencement of the business on December 23, 2007. (2) F bears the obligation of borrowing KRW 128 million against G. However, F transferred E’s management right to G around September 2013 to meet the above obligation of borrowing money.

3) In order to pay the Plaintiff for the supply of goods, F issued two copies of the per share of KRW 25,00,000 per face value on two occasions. However, on October 18, 2013, the check was not settled, and a default took place. 4) G transferred leased deposit claims, facilities, and goods to Defendant B to Defendant B. Defendant B as the representative of H, and Defendant B was engaged in the same business as E on November 1, 2013, while Defendant B was carrying on the same business as that of E on November 1, 2013, it established a company of JJ, a company on June 23, 2014, and operated food and freight retail business.

5) On September 12, 2014, J changed its trade name to Defendant C. C. The Plaintiff supplied eggs from around 2007 to October 21, 2013.

2) On November 1, 2013, on the ground that the Plaintiff failed to receive KRW 125,928,210 for the supply of the said column of accounts, the Plaintiff applied for a payment order against E and F to this court for the payment order for the said price of accounts. The payment order order was issued on November 6, 2013, and the original copy of the payment order was served to E and F, and was finalized on November 26, 2013. [In the absence of any dispute over the grounds for recognition, evidence Nos. 1-1 through 3, evidence No. 1-2, evidence No. 2-1 through 3, and evidence Nos. 3 through 6, and the purport of the entire pleadings and the purport of the entire pleadings.

2. The plaintiff's assertion

(a) the primary features;

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