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(영문) 의정부지방법원 2015.06.11 2014가합4573
물품대금
Text

1. The Plaintiff:

A. Defendant C’s KRW 43,439,480 as well as 6% per annum from April 29, 2014 to June 11, 2015.

Reasons

1. Case summary and the presumed factual basis

A. The Plaintiff, from around 2009 to January 22, 2014, supplied goods to the business entity, Defendant B, a representative in the registration of the business entity, to the business entity, E.

Since then, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) was established, and the Plaintiff supplied goods to the Defendant Co., Ltd. from February 2014.

The key issue of the instant case is: (a) whether Defendant B is liable for the price of goods supplied by the Plaintiff to E; (b) whether Defendant Company partially assumed the obligation for the price of goods arising between E and the Plaintiff; and (c) whether the amount partially repaid by the Defendant Company to the Plaintiff is appropriated for the price of goods arising from the transaction with the Defendant Company; or is appropriated for the price of goods arising from the transaction with the

B. On February 2, 2007, E had obtained a business registration certificate under the name of the Defendant B and traded with the Plaintiff. On January 22, 2014, the Plaintiff issued a transaction statement to E with the recipient on January 22, 2014. Under the aforementioned transaction statement, the outstanding amount up to E was KRW 74,815,200, and the outstanding amount was KRW 614,350,00, total of KRW 75,429,550, and the outstanding amount was KRW 75,429,50.2) around March 27, 2013, the Defendant Company established for the purpose of manufacturing, services (maintenance, maintenance, repair) and export and import business of computers and computer peripheral devices, and Defendant B retired from office as the representative director until January 15, 2014, and around that time, Defendant C was the representative director of the Defendant Company.

3) Defendant C supplied goods to the Defendant Company from February 2014 to February 2, 2014. The amount of the transaction that the Plaintiff supplied to the Defendant Company from around that time to June 2, 2014 is KRW 56,613,700.

5 Defendant Company: (a) KRW 10 million on February 18, 2014; (b) KRW 10 million on March 24, 2014; (c) KRW 5 million on April 3, 2014; and (d) KRW 5 million on April 3, 2014; and (e) April 2014.

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