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(영문) 대구지방법원서부지원 2013.12.12 2012가단6862
물품대금
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant A’s 64,428,000 won and its related amount on March 16, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. On March 1, 2008, the Defendants jointly registered the business of Cheong water wholesale business with the trade name “C” (the name column of the business registration includes “A” and “one other”) and supplied the Plaintiff with goods, such as accompanying the business from around that time.

B. Around June 11, 2009, the Defendants terminated the partnership agreement with the purport that “as of May 31, 2009, the partnership agreement is terminated, and the rights and obligations arising to the above base date are acquired at an equivalent rate of shares and bears obligations.” Accordingly, Defendant A reported withdrawal from the partnership to the head of Busan District Tax Office on June 11, 2009.

C. From June 15, 2009 to September 29, 2009, the amount of KRW 13,942,000 out of the amount of goods supplied by the Plaintiff was not yet paid, and the amount of goods supplied by Defendant B from June 15, 2009 to September 29, 2009 was 76,920,000 among the amount of goods supplied by the Plaintiff.

Meanwhile, from June 15, 2009 to September 29, 2009, the Plaintiff’s provision of goods to Defendant B as “C” and “A” is indicated in the trade column of the person receiving the tax invoice issued by the Plaintiff, as “C” and “A”.

From March 2009 to May 5, 2009, the name column of the recipient of the tax invoice issued by the Plaintiff for the goods supplied to the Defendants is also written as "A".

2) Each statement of 【No dispute over the grounds for recognition, Gap evidence 1, Gap evidence 2-1 through 7, Gap evidence 3, 6, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-1, and Eul evidence 2-2, the result of this court’s order to submit tax information to the director of Busan District Tax Office and the purport of the whole pleadings

2. We examine, ex officio, whether the Plaintiff’s lawsuit against the Defendant B is legitimate.

If the objection period is set for a claim belonging to the same subject matter as that stated in the list of individual rehabilitation creditors, this becomes effective as a final and conclusive judgment.

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