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(영문) 인천지방법원 2018.10.25 2017가단217556
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 132,910,360 and the interest rate of KRW 15% per annum from May 5, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs the business of selling medical instruments and wholesale and retail in the name of “C,” and the Plaintiff sold medical devices between September 30, 2016 and February 28, 2017 to Nonparty D (hereinafter “Nonindicted Company”) and did not receive KRW 132,910,360 out of the sales proceeds.

B. Nonparty E was the representative director of Nonparty Company and the inside director of Nonparty Company, and Nonparty F was appointed on January 23, 2015 as the director of Nonparty Company, respectively, and Nonparty F was practically operating Nonparty Company as the denial of G working as the head of the Defendant’s financial team, and Nonparty E did not actually operate Nonparty Company, and Nonparty E was employed as an employee of H Research Institute, who performed various tests by the Defendant, and was paid KRW 1 million monthly from Nonparty Company.

Meanwhile, even after the resignation of the representative director of the non-party company, E continues to work as an employee of the H Research Institute.

C. On March 2017, the Defendant determined that G and I, an employee of the Defendant, conspired with the non-party company E and F, unfairly unrefilled the purchase cost of the non-party company, and received medical devices from the non-party company, and notified the non-party company of the termination of the transaction without paying the outstanding amount of KRW 200 million, which remains at the non-party company, and received resignation from G and I.

However, the defendant did not file a criminal complaint against G and I on the charge of breach of trust.

The non-party company is above the plaintiff.

On April 14, 2017, the Defendant transferred KRW 132,910,360 among the claims for the purchase price of goods against the Defendant on April 14, 2017, and notified the Defendant of the above transfer by content-certified mail, and the above notification reached the Defendant on April 17, 2017.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including additional number), witness E's testimony, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff asserted against the defendant from the non-party company is 132,910.

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