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(영문) 수원지방법원 안양지원 2017.04.26 2016가단107927
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 17,563,392 as well as 5% per annum from June 14, 2016 to April 26, 2017, and from the following day.

Reasons

1. The facts of recognition B were employed as the employee of the Defendant company since 2003.

The defendant asserts that B was not an employee of the defendant in July 2015, since B became an employee of the "D" company after the withdrawal of the defendant company around January 2015, and that B was not an employee of the defendant in the transaction of the goods in this case with the plaintiff around July 2015.

However, according to the witness evidence Nos. 5 and witness Eul's testimony, it is recognized that B was an employee of the defendant until December 2015, and the statement No. 1 alone is insufficient to reverse it.

around 2012, the Plaintiff became aware of B while engaging in the transaction of supplying parts to the Defendant Company.

B From March 2011, the Defendant established his own personal enterprise and supplied the goods to the Defendant’s customer in the name of his own enterprise, not the Defendant Company, and made a breach of trust.

B around April 2015, the Plaintiff ordered the goods equivalent to KRW 1,450,00 to the owner with his own personal business entity (trade name: C) as the owner, and the Plaintiff Company issued and received the goods after the delivery of the goods.

At the time, the Plaintiff Company’s person in charge was asked why the place of order was called “C” rather than the Defendant Company. However, the Plaintiff Company asked that “the Defendant Company purchases goods through a collaborative company (purchase Agency).”

B around July 2015, around July 2015, the Defendant ordered the Plaintiff to use electronic parts to process and supply the Co., Ltd., Ltd. (hereinafter referred to as “Co., Ltd.”) to the Plaintiff.

B In this case, “C” was ordered by the ordering person, and 6,000 parts were delivered by September and 4,000 parts were delivered by October.

The Plaintiff supplied goods in line with the payment period, and issued a tax invoice in the name of C Company B.

B fully paid 37,635,840 won for the first supply of 6,000 won, and 25,090,560 won for the second supply of 4,000 won.

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