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(영문) 서울동부지방법원 2014.04.02 2013가합103382
물품대금 등
Text

1. Defendant (Counterclaim Plaintiff) B and Defendant C jointly and severally with the Plaintiff (Counterclaim Defendant) amounting to KRW 2,789,259,966 and 77,752 among them.

Reasons

1. The facts following the premise facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence Nos. 1-1, 2, 2, 3, 4-1 through 3, 5, 7, 8-1 through 75, 12, and 12.

The Plaintiff is registered as “E” with the trade name of “E” and engages in manufacturing and wholesale and retail business of clothing, and Defendant B is registered as “F” (hereinafter referred to as “F”) and carries out manufacturing and selling of the clothing. Defendant C is in the position of the Chairman of F, and is actually operating F along with Defendant B.

Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established on August 30, 2012 for the purpose of clothing wholesale and retail business, and Defendant B is a representative director, and Defendant C is a director in-house.

If the Plaintiff orders the Plaintiff by specifying the shape, color, size, number, etc. of clothes to be supplied to the Plaintiff by Defendant B, C, the Plaintiff continued to trade goods with respect to clothing from spring in 2012 to spring in 2013 by providing the clothing produced by the Plaintiff to Defendant B and C.

From June 2012 to July 2012, the Plaintiff manufactured and supplied winter 2012 in accordance with the order of Defendant B and C on several occasions. The Plaintiff supplied winter 2012 to February 20, 2013 is the sum of KRW 1,784,535,00 (Additional tax separately).

The Plaintiff produced and supplied spring clothes in 2013 on several occasions from the end of July 2012 to the end of August 2012 according to Defendant B and C’s order. The Plaintiff’s supply from the end of February 2013 to the end of February 2013 is the sum of KRW 1,234,890,000 (excluding surtax).

On March 13, 2013, the Plaintiff entered into a contract with the Defendant Company to produce and supply total of KRW 2,098,805,50 (including surtax) in 2013 according to the order of the Defendant Company.

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