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(영문) 수원지방법원안산지원 2016.03.11 2015가단21745
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant entered into a partnership agreement with D on August 10, 2012, while operating a restaurant “C” (hereinafter referred to as “C”) in Gwangju-si B, and was certified by a notary public on September 10, 2012 as follows.

(No. 2501) No. 202, a notary public shall operate a commercial building in the above location on the condition of the business on the condition of the business.

(b) the conditions of the business;

1. D, which is a partnership business, shall comply with the lease contract period and the contract terms and conditions of A, which is a partnership business, of KRW 30 million and KRW 4 million per month, out of KRW 100 million;

b.2. At present, D, a business entity, invested in the facility.

No expenses may be charged to the partnership and lessors.

3. The main commercial building is determined on the road, and its expansion works will remain unpaid until the extension of the road. D, a Dong business, will operate until the extension of the road, and the deposit amount of KRW 30 million will be refunded to the defendant, who is the Dong business.

5. Since September 10, 2012, D is responsible for various taxes and public charges and food materials business partners' unpaid money.

6. A contract shall be cancelled if the business operator delays the monthly agreed amount at least two months;

7. The above matters shall be charged to the civil or criminal liability of the person in violation.

8.The agreed amount of 4 million won shall be paid to the same operator from the end of 10.0 to the end of 10.9. The same operator D cannot claim any facility costs and operating expenses when expanding roads.

(b)D has used the trade name of “C” as it is and still operated “C” while keeping its business registration in the future of the Defendant;

C. The Plaintiff supplied various parts of Korea-China to “C” from the time D operated “C” to October 20, 2014, and issued a tax invoice to the Defendant.

The plaintiff's claim for the price of goods against "C" remains 22,626,107 as of May 29, 2015.

E. On August 27, 2015, the Defendant entered into an entrustment agreement with D and C to terminate the contract as of August 31, 2015, and on the same day from a notary public.

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