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(영문) 인천지방법원 2015.10.21 2015가단211431
물품대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 3, taking into account the whole purport of the pleadings:

The Plaintiff is a company that manufactures and sells the Gohap, etc., and the Defendant runs the business of leasing and selling construction materials in the name of “B”.

B. As of October 23, 2013, the Plaintiff issued each tax invoice with the purchase price of KRW 22 million to the Defendant as of October 24, 2013, with the purchase price of KRW 22 million as of the 24th of the same month, with the purchase price of KRW 22 million as of the 25th of the same month, and with the purchase price of KRW 12,431,760 on the 31st of the same month.

(hereinafter “each of the instant tax invoices”) C.

C From March 1, 2012 to April 1, 2014, C was charged with the following facts: “C was engaged in the business of selling and collecting composites while working as a business agent of the Plaintiff Company, and was sentenced to imprisonment from April 1, 2013 to March 29, 2014 to KRW 326,964,210 in total from April 1, 2013 to March 29, 2014, and embezzled at will by receiving KRW 326,964,210 in total from Defendant, D, E, etc. for 45 occasions during the period from April 1, 2013 to March 20,” and was sentenced to imprisonment from this Court on October 30 of the same year.

2. Judgment on the plaintiff's primary cause of claim

A. The Plaintiff asserted that, on October 2013, the Plaintiff did not receive KRW 78,431,760 for the Defendant under each of the instant tax invoices, and on the other hand, the Plaintiff claimed that C, as the creditor of C, has a claim in excess of KRW 200 million out of KRW 326,964,210 for the damages incurred by the embezzlement, and C, around June 2013, under the name of “G” which registered and opened its business in its parent-child name, supplies goods of KRW 171,413,00 for the period from July 7, 2013 to December 12 of the same year, and has a claim for the amount of KRW 108,807,250 for the purchase of goods. Accordingly, the Plaintiff asserts that C, as a creditor of C, has a claim for the payment of the purchase of goods of KRW 108,807,250 for the Defendant by subrogation.

As to this, the defendant shall raise an objection.

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