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(영문) 부산지방법원 2016.07.01 2014나15689
물품대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. As of March 20, 2012, the Plaintiff and the Defendants traded with the trade name “D”, the Plaintiff imported and supplied tobacco, which is an implied fuel, and the Defendants, as married couple, changed their trade name from June 1, 2012 to G from the trade name “E” as “E.” 2) As of March 20, 2012, the Plaintiff, while engaging in a fishery-cied manufacturing business, supplied tobacco to F Co., Ltd. (hereinafter “F”), had a credit payment claim amounting to KRW 440 million in F, but became at risk of not being able to receive a claim due to the suspension of F’s business.

3) On April 1, 2012, the Plaintiff entered into a lease agreement on a building and machinery facility with F’s workplace, manufacturing facility, and office equipment, with a view to leasing KRW 4 million monthly rent and receiving business notification certificates, related trademark rights, etc., between F’s business partners (including the Defendant) and F’s business partners (including the Defendant) to pay the existing goods payment obligations to F with F, through the said business partners, with an intention to receive credit payment claims against F via F. The Plaintiff entered into a lease agreement on a building and machinery facility with F’s workplace, manufacturing facility, and office equipment from April 2, 2012.

6. By December 21, 200, the Defendants supplied silents to the Defendants.

B. On April 2012, 2012, the Plaintiff, based on the Plaintiff’s account book, issued a transaction statement under F in the name of the Plaintiff. However, on April 26, 2012, the Plaintiff registered the Plaintiff’s business with the trade name “H” and registered the Plaintiff’s business.

5. 1. From 1. to H, a statement of transactions was issued in H’s name.

2) According to the account book in which the Plaintiff entered the details of the transaction with the Defendants, the amount of the outstanding amount remaining as the transaction between the Plaintiff and the Defendants ends (hereinafter “the instant product price”).

(3) On the other hand, the Plaintiff was paid KRW 1 million separately from the Defendants in addition to the details of deposits entered in the account book.

C. The plaintiff's claim for collection against the defendants 1.

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