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(영문) 서울중앙지방법원 2016.04.25 2015가단98248
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, based on the facts, has transacted with “B” (hereinafter “B”) that produces and sells the paper. The Plaintiff, who supplied the paper from August 2013 to the end of September of the same year, did not pay the price for the goods supplied by the Plaintiff, on March 24, 2014, entered into an agreement with “B” that allows the Plaintiff to pay the unpaid amount of KRW 26,397,617 of the goods not paid up until then (hereinafter “instant agreement”) and received the authentication of the instant agreement at the Molydong Legal Office around that time.

Meanwhile, from June 3, 2011 to May 14, 2013, the Defendant-friendly D was convicted on October 24, 2014 due to the charge of forging private documents, fraud, etc. on the ground that he/she obtained a loan from a financial institution under the name of the Defendant or obtained a credit card in order to use it as business funds, etc. of the husband, and was sentenced to the following judgment: (a) the Defendant-friendly D was sentenced to imprisonment for eight months; (b) the suspension of execution for one year; and (c) the following judgment.

Accordingly, the Defendant filed a civil petition for grievance with the Anti-Corruption and Civil Rights Commission to the effect that, as the Defendant’s representative of B (the opening of June 1, 2012) was due to the Plaintiff’s business registration without the Defendant’s consent, D et al., the Defendant filed a civil petition for grievance with the Anti-Corruption and Civil Rights Commission. The Anti-Corruption and Civil Rights Commission accepted the Defendant’s civil petition for grievance, and issued a recommendation for correction with the head of the Goyang Tax Office on May 27, 2015. On November 30, 2015, the Goyang Tax Office corrected the name of the representative of B from the Defendant to C and revoked value-added tax imposed under the Defendant’s name.

C On April 22, 2015, 2015, the C drafted a written confirmation (hereinafter referred to as “instant confirmation”) that the Defendant was not involved in the B business and that the Defendant was carrying out the business under the name of the Defendant.

[Grounds for Recognition] Unsured Facts, Gap 1 to 5, and Eul 1.

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