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(영문) 인천지방법원 2014.07.08 2012가합17536
물품대금
Text

1. The Defendant: (a) from July 1, 2010, to Plaintiff A, KRW 10,583,375, and KRW 69,584,80, and each of the above amounts.

Reasons

1. Basic facts

A. The parties' status 1) The defendant is a corporation established on June 24, 2008 for the purpose of manufacturing industrial machinery, etc., and the non-party D was the representative director at the time of the incorporation of the corporation, but the non-party E was appointed as the representative director at the time of the incorporation of the corporation, and the non-party E was in charge of the defendant's representative director from October 14, 2009 to October 14, 2009.

B. On June 30, 2008, the plaintiffs and non-party 1 were those who engaged in the business of manufacturing automobile parts and cooling electronic parts under the trade name of "I". On June 30, 2008, the non-party 1 discontinued the above I and transferred all of his patent rights and real estate, etc. to the defendant in KRW 100 million. 2) The plaintiffs supplied the goods that the plaintiffs sold to H until H discontinued the I. The price of the goods that the plaintiffs did not receive at the time of closure of the I is KRW 10,583,375, and KRW 69,584,800 for the plaintiff 2.

C. On June 24, 2008, the Defendant was established on June 24, 2008 with the establishment and operation of the Defendant under a joint venture agreement together with H, and the same year.

7. 14. A joint venture agreement was entered into with the content that sets forth specific investment, equity ratio, asset acquisition, liability burden, etc. for the management of the Defendant, a joint venture (hereinafter “instant joint venture agreement”).

2) On July 14, 2008, H entered into a contract with the Defendant to transfer the patent right owned by H as well as the factory site 1,650.2m2m2 and above-ground factory buildings, facilities, etc. in Nam-gu, Incheon Metropolitan City, Nam-gu, where H is a factory site. The Defendant succeeded to the right of patent necessary for real estate and business from H and succeeds to an employment relationship and engages in the same kind of business in the above factory building. 3) The process of the change of the representative’s corporate register is as follows.

title of the name of the representative.

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