(영문) 수원지방법원 안산지원 2018.03.07 2017가단53524

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(영문) 수원지방법원 안산지원 2018.03.07 2017가단53524

채무부존재확인의 소

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 4, 2013, when the non-party company manufactured and supplied the goods which the non-party company manufactured in the three short-term product manufactured by using the gold form provided by the non-party company, the non-party company requested the non-party company to pay 68,376,00 won for the defective goods for which the application for corporate rehabilitation was not filed and refused to supply the goods.

B. Meanwhile, on December 2, 2013, the Plaintiff (registration number F) assumed office as the representative director of the Plaintiff’s company as the development director, and changed the trade name from “stock company H” to “stock company B” from “stock company.” On the other hand, the Plaintiff (registration number F) supplied goods equivalent to KRW 30,940,660 on March 12, 2014 from the Defendant and repaid the price.

C. After that, the Defendant issued a tax invoice of KRW 19,250,00 for the goods as of April 29, 2014, and KRW 6,837,60 for the goods as of July 16, 2014, and KRW 26,087,60 for the total amount of KRW 68,376,00 for the goods unpaid to the Defendant of the non-party company, and issued a tax invoice of KRW 68,376,00 for the non-party company’s total amount of KRW 68,37,00 for the goods unpaid to the Defendant on March 12, 2014.

C. The plaintiff

26,087,600 won for the goods described in paragraph (1) and for the goods unpaid to the Defendant of the non-party company, payment was suspended in the event that the Defendant paid to the Plaintiff KRW 35,02,00,000 for the total amount of KRW 61,089,60 on April 1, 2014 to December 30, 2016, total of KRW 44,000 for 17,089,200 (=61,089,600 - KRW 444,00,400), which was unpaid.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 4, Eul evidence 1-5 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff, instead of paying a certain amount of the unpaid amount of the non-party company’s purchase price of the non-party company, decided to take over the gold sentence of the non-party company that the Defendant possessed instead of the Plaintiff, and paid KRW 44,00,400 out of the unpaid amount of the non-party company.

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