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(영문) 대구지방법원 2015.02.05 2014가합4365
물품대금
Text

1. The Defendant: 112,812,556 won to Plaintiff A and 6% per annum from April 1, 2014 to June 18, 2014; and

Reasons

1. The Defendant asserted that the instant lawsuit filed by Plaintiff B, prior to the instant lawsuit, was unlawful as it constitutes a duplicate lawsuit. However, the instant lawsuit by Plaintiff B was concluded as the withdrawal of the lawsuit on October 18, 2014, which was the date of closing the argument, since the instant lawsuit was concluded on October 18, 2014, the instant case by the Seoggu District Court Branch Branch Office No. 2014Da13802, supra. Therefore, the Defendant’s defense against the principal safety was without merit.

2. Judgment on the merits

A. Basic facts 1) D was no longer able to operate as the textile factory E (stock company) and F (individual companies) operated at the end of August, 2009. D, around September 8, 2009, established a textile plant in Daegu-gu, and continued to operate the same type of business with the same trade name as “H” by maintaining considerable part of its employees. D borrowed the I name until May 19, 2010, borrowed the above I and the Defendant’s name from May 20, 201 to May 31, 2010, borrowed only the Defendant’s name from June 1, 2010 to operate H with the loan of KRW 300,000,000 to KRW 30,000,000,000 from the Daegu-gu, Daegu-gu, Seoul-gu, and continued to operate H. 18,18,201.

The purchase amount was paid in KRW 45 million as deposit for the lease of the E plant and KRW 280 million as security for the instant factory from the Daegu Bank.

3) The Defendant acquired H from D. The Defendant asserted that D had taken over H around February 201 in this case, and the Defendant asserted that D had taken over H, and that “D seems to have renounced the right to operate the first patrol officer, etc. and left it to the Defendant at the latest on June 2013 as D’s management has deteriorated continuously.” [Grounds for recognition] Nos. 1, 5, 1, 9 (Additional Number) (No. 1, 9).

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