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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The progress of the case and the following facts are recognized to the effect that there is no dispute or the entire pleadings, other than macroscopic evidence.
On July 9, 2012, the Defendant established a “stock company D” corporation.
The location of a legal entity is “Ilsung E, Fdong”.
(hereinafter referred to as “foreign company.” The Defendant, separate from the foregoing corporate body, is operating with the trade name “I” in Suwon-si G (the second floor H) in Suwon-si, Suwon-si.
[A] From March 2, 2018 to March 29, 2018, the Plaintiff completed the production, installation and supply of a AL profiling to the non-party company.
The price is KRW 62.7 million (including surtax), and the payment was "60 days after the issuance of the tax invoice".
However, on April 30, 2018, the Plaintiff issued a tax invoice for the supply price to the non-party company as of April 30, 2018, at the request of the non-party company.
The non-party company promised to pay the price by May 30, 2018.
However, failure to comply with the rules
[A 1-2] . - On May 30, 2018, the representative of Plaintiff J in charge of Plaintiff 1-2, in the currency of the head of K division, who is a person in charge of the non-party company, and was urged to settle the case in the middle of June 2018.
- On June 12, 2018, the president of B prepared a sub-committee to confirm the deposit date and only K head of the division.
K said that by June 19, 2018, K would settle the price of goods.
- On June 19, 2018, the president of the Plaintiff’s B, in currency with the K head of the non-party company’s K head of the division, followed the end of the settlement by June 22, 2018, and postponed the settlement date once again.
- The deposit is not made in June 22, 2018 and K division is not contacted, and the president of the Plaintiff visited the non-party company by the president of the Plaintiff, but the absence of the head of the K division is not met.
The defendant, who is the representative of the non-party company, was also a business trip in Vietnam.
After that, the K Department promised to pay the payment before June 30, 2018 by phone call to the Plaintiff on the part of the Plaintiff, but in the end, the K Department did not comply with it.
After all, the person in charge of payment of the price of the non-party company shall be paid in several times as follows.