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(영문) 부산지방법원 2019.11.20 2017가합41128
물품대금
Text

1. The Defendants jointly share KRW 213,83,01 to the Plaintiff, and Defendant B Co., Ltd. with respect thereto from February 14, 2017.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

(2) On October 21, 2015, the Plaintiff is the representative of the Defendant Company, and Defendant C is the representative of the Defendant Company. (2) The Plaintiff registered its business with the trade name “D” and operated the manufacturing business of power generation facilities and industrial plant parts. Since then, E, which is the wife on August 12, 2016, is the representative of the Company D (hereinafter “Nonindicted Company”).

B. On October 2015, Defendant C concluded a contract for sub-lease of a factory and machinery between the Plaintiff and the Defendant Company (A) concluded a contract between the Plaintiff and the Defendant Company. Defendant C concluded that “The Defendant Company’s factory will be leased KRW 125,000,000, monthly rent of KRW 12,500,000, monthly rent of KRW 12,500,000, monthly rent of the Defendant Company to the Plaintiff as a sub-lease deposit.” However, the Defendant Company paid only monthly rent to the lessor of the said factory and did not have paid the lease deposit to the Plaintiff.

B) On October 6, 2015, the Plaintiff believed the horses of Defendant C as above, and around October 6, 2015, between the Defendant Company and the Defendant Company, the Busan Gangseo-gu G Ground Factory (hereinafter “instant factory”) leased and used by the Defendant Company from F.

Of the 100 square meters and mechanical appliances (learning 2, dryer 1, BTA 1) KRW 50,000,000 (= KRW 30,000,000, factory building 20,000), monthly rent of KRW 5,00,000 (= KRW 2,00,000,000, factory building 3,000,000, value-added tax; hereinafter the same shall apply)

(C) As the sub-lease period from October 20, 2015 to November 30, 2017, the sub-lease contract was concluded, and the non-party company was established after the establishment of the non-party company, as the non-party company entered into a sub-lease contract with each of the above sub-lease contracts, and paid 50,000,000 won to the defendant company.

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