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(영문) 서울남부지방법원 2017.04.21 2016가합531
물품대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was supplied with automobile parts by Hyundai Flus Co., Ltd. (hereinafter “Momans”), and sold the automobile parts to a domestic maintenance business entity. The Defendant is a person operating a car maintenance plant under the trade name “C maintenance business entity,” and the Plaintiff supplied the automobile parts to the Defendant from around 2010 to April 7, 2015.

B. The Plaintiff issued a tax invoice totaling the supply value of 80,249,96 won from January 1, 201 to December 31, 2011, 201, including the supply value of 9,272,723 won from January 1, 201 to December 31, 2012, including the supply value of 64,148,175 won from January 1, 201 to December 31, 2013, including the supply value of 64,148,175 won, and the total supply value of 53,43,451 won from January 1, 201 to December 31, 2014 (hereinafter referred to as “tax invoice totaling the supply value of 53,43,451 won, from January 1, 2015 to December 31, 2015).

C. The ham Business Program (A. 9, 11 through 24) submitted by the Plaintiff is a program that manages all the distribution processes, such as the Plaintiff’s orders, storage and inventory details, sales volume, delivery details, issuance of verification numbers, preparation of transaction specifications, and output among the Plaintiff and Hyundai Embs.

The Defendant transferred KRW 48,715,00 to the Plaintiff’s representative D’s account, and KRW 96,287,463 to E’s account in the name of the head of the vehicle sales division of the Plaintiff Company.

E. From August 9, 2010 to February 23, 2015, E served as the head of the Plaintiff Company and took charge of the sales and collection of motor vehicle parts.

E In the case of occupational embezzlement on February 3, 2016, Seoul Southern District Court 2015Kadan5090, on or around September 19, 2010, E requested the Defendant, who operates the Cmechanic, a business partner, to transfer the automobile parts price to the account in the name of F, E, and kept 660,000 won of the automobile parts price for the Plaintiff Company by receiving transfer to the said account.

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