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(영문) 의정부지방법원고양지원 2013.06.26 2012가합4473
물품대금
Text

1. Of the instant lawsuit, the part regarding the claim for revocation of the fraudulent act and restitution against Defendant D among the instant lawsuit is dismissed.

2...

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if Gap evidence Nos. 1, 2-1 through 4, 2-3, 5 (the same shall apply to Eul evidence 5), 9, 8 Eul evidence No. 9 (the same shall apply to Eul evidence 6), 9, 5 Eul evidence No. 9 (the same shall apply to Eul evidence 7), 3-1, 3-2, 5 Eul evidence No. 4.

(i) The Plaintiff is a company that supplied Defendant C with heating films used as parts of electric sets, which are products for the production of the Plaintiff, and G is an actual operator and a representative.

Dold Defendant D is a company established around June 29, 2007, whose business purpose is to manufacture and sell fire-fighting machinery and appliances, etc., and H of Sejong Special Self-Governing City is the seat of its principal office.

Defendant D had been appointed as the representative director at the time of its establishment, and he resigned on August 7, 2008 and his Cho-man was appointed as the representative director.

Defendant C: (a) was established around May 24, 200 by taking the sale and export of storage batteries, the manufacture and sale of electric sets, etc. into the seat of the headquarters of the Republic of Korea; (b) on October 25, 2010, Defendant C transferred the headquarters to the land indicated in attached Table 1 Section 2, adjacent to the seat of the headquarters of Defendant D; (c) on March 22, 2012, the headquarters was re-transfered to the Seo-gu L.

Defendant C served as the representative director and operated Defendant C as the last vice versa as of December 8, 2010, and immediately thereafter, Defendant B resigned from office as the representative director on December 13, 2010, and at the same time I was appointed as the inside director and reached the present.

B. (i) The contract between the Plaintiff and the Defendant C on October 12, 2010 between the Plaintiff and the Defendant C that the Plaintiff would supply the Defendant C with the price of KRW 120,000,000 for the heating films of the surface heat heat necessary for the manufacture of the electric sets (including value added tax).

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