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(영문) 인천지방법원 2017.05.16 2016가합54212
물품대금
Text

1.(a)

The Defendants jointly and severally against the Plaintiff A in KRW 120,938,000,

B. Plaintiff B, Defendant D’s KRW 335,315,00, and Defendant.

Reasons

1. Basic facts

A. The plaintiffs 1) are fishery product distributors and plaintiff B, and they are the plaintiff C Co., Ltd. (hereinafter "the plaintiff C").

(2) Defendant D is a company that engages in food material distribution business, etc. (i.e., the Defendants’ joint management (a)) with the trade name of F, G, H, I, and Seoul Songpa-gu J building 919, namely, “K” (hereinafter referred to as “instant database”).

(i) a partnership agreement for joint management (shares: Defendant D 15 per cent, F 35 per cent, G 28 per cent, H 12 per cent, I 10 per cent, hereinafter referred to as “instant trading agreement”).

F) The Seoul Central District Court 2014Hadan272, Apr. 28, 2014, the ruling of bankruptcy was made on April 28, 2014.

6. The declaration of discontinuation of bankruptcy was received respectively; and

C) On July 23, 2014, H and I received a judgment from Defendant D, and G transferred each of the above equity shares to Defendant E on July 28, 2014. D) on June 26, 2015, as Seoul Eastern District Court 2015Kahap102932, supra, pursuant to the adjudication of bankruptcy on April 28, 2014, H and I was sentenced to the judgment that the said judgment does not have any right to share, etc. in relation to the operation of the instant Securities Holdings, and that the said judgment became final and conclusive on March 3, 2016.

E) On October 16, 2015, Defendant E entered into an overall agreement on transfer and takeover of the business with Defendant D to transfer all the property and obligations related to the operation of the instant database. (b) The Plaintiff’s fishery products supply contract between Plaintiff A and the Defendants was concluded between Plaintiff A and the Defendants on September 1, 2014 (hereinafter “instant agreement on supply of fishery products”). On September 1, 2014, Plaintiff A supplied the fishery products necessary for the operation of the instant trading hole between September 1, 2014 and August 31, 2015, and paid KRW 40 million on the defective deposit for the supplied fishery products, and returned at the time of termination of the contract. The Defendants agreed to settle the price of the fishery products supplied each month and settle them (hereinafter “instant agreement on supply of fishery products”).

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