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(영문) 창원지방법원 2016.08.23 2015나3345
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the purchase price against C (the Plaintiff: the Plaintiff Company, prior to the alteration, was an original manufacturing company for the production of the fruit paper. C owns the land for a factory of 2,800 square meters and its ground factory (hereinafter “instant factory”) in order to hold the instant factory by combining the factory site and the factory site, and was engaged in the manufacturing of the fruit paper with the trade name “B” in the instant factory by June 2003.

The Plaintiff supplied the original land to C from March 31, 2003 to June 2, 2003, but did not receive KRW 75,424,110, and filed a lawsuit against C seeking payment of the purchase price under Changwon District Court Jinju Branch 2006Gadan8319.

On June 9, 2006, C sentenced the Plaintiff to the payment of KRW 75,424,110 and delay damages therefor (hereinafter “the purchase price of this case”). The above judgment became final and conclusive on July 6, 2006.

B. On June 19, 2003, the establishment of the Defendant, etc., by the Small and Medium Business Corporation, one of creditors C, established a voluntary auction for the factory of this case, and on the same day, the Defendant was established with the aim of engaging in the manufacturing and sales business of the fruity paper.

At the time of establishment, the defendant registered the location of the factory of this case as the location of the principal office, and was awarded a successful bid on July 7, 2005.

The representative director of the defendant has been registered as F from August 22, 2008 to August 22, 2008, as E from August 22, 2008 to August 8, 2014, and as H from August 8, 2014.

Of them, E is the wife of C, and was registered as a director from the time the defendant was established.

At the time of establishment, the defendant's shares were owned by F, 45% by G, 5% by E, and 5% by 50% by E and I.

C. The Plaintiff and the Defendant’s transaction Plaintiff supplied the original place to the Defendant from December 5, 2003 to November 5, 2005, but did not receive part of the purchase price, and thus, the Changwon District Court’s Jinju support against the Defendant and C.

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