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(영문) 서울중앙지방법원 2021.02.09 2019가단43284
물품대금 청구의 소
Text

The plaintiff's claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a corporation established on May 23, 2013 for the purpose of manufacturing and selling the original group.

D From January 2010, “E” was a person who had been engaged in the retail business of clothing in its trade name, and the Defendant is a spouse of D, who had engaged in the wholesale business of clothing in its trade name from July 2014.

2) Around September 2014, D was registered as a director of E in-house around September 2015, when establishing E (hereinafter “E”) by converting the above business entity into a corporation. The Defendant was registered as a director of E in-house around September 2015.

3) After that, around July 2016, the Defendant commenced retail business of clothing with a new trade name, and resigned from the position of director E on November 7, 2016.

Meanwhile, the location of “G” and “E” are the same as “H in Namyang-si.”

B. The Plaintiff, E, etc. 1) and the Defendant first supplied the original unit to E, processed the original unit by E, supplied the clothing to the Defendant, and made a long-term transaction by the Defendant in the way of distributing and selling the clothing.

2) According to the sales settlement sheet prepared by the Plaintiff in 2017, the Plaintiff’s sales settlement statement for E is indicated as “G” on the right upper right upper part of the Plaintiff’s sales settlement statement, but the following:

2. B. It is reasonable to deem that the other party to the transaction is E on the grounds as described in the Paragraph (b).

The amount carried forward (amount outstanding) is KRW 32,231,450 (i) and the sales amount is KRW 32,092,00 (ii), the returned amount is KRW 1,748,800 (iii), the settlement amount is KRW 28,829,80 (iv) and KRW 33,744,850 as of December 31, 2017 (i) - (ii) - - - - iv; hereinafter referred to as “the price of the instant goods”), and the Plaintiff issued tax invoice with the “G (Defendant)” (Article 7-2, 48,800) and the outstanding amount was 33,74,850 as of December 31, 2017 (Article 1-3).

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