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(영문) 서울북부지방법원 2018.08.30 2017나32662
물품대금
Text

1. The plaintiffs' appeal against defendant D and E and the selective claim added by this court and this court.

Reasons

1. Basic facts

A. G Co., Ltd. and the Defendants’ relationship 1) G Co., Ltd. are primarily aimed at food service business and franchise business, and is a splate restaurant in Seoul Special Metropolitan City, Nowon-gu, the main office located in the fourth floor (hereinafter “instant plastic restaurant”).

(2) On July 23, 2012, the company’s trade name was changed from K to L Co., Ltd. on July 23, 2012, and changed to G as of February 16, 2015 (hereinafter “G”).

2) The deceased H (hereinafter “the deceased”) is the representative director of G, and Defendant F is the inside director of G as the former part of the deceased, and Defendant D and E are the children of the deceased.

B. The Plaintiffs’ goods price claim 1) Plaintiff A supplied food, such as freezing, to G from February 14, 2013 to August 10, 2015, when operating the retail business of frozen fishery products with the trade name of M. The Plaintiff supplied food, such as freezing, etc. from February 14, 2013 to August 10, 2015. The remainder of the goods price currently not paid is KRW 98,376,945; 2) Plaintiff B supplied food, such as livering, etc. from September 6, 2012 to August 10, 2015, while operating the food wholesale business with the trade name of N. The balance of the goods price already paid is KRW 69,68,390.

3) Plaintiff C supplied food, such as G, through through G, from May 11, 2015 to August 10, 2015, when operating the baking retail business with the name ofO. From May 11, 2015 to August 10, 2015, the remainder of the goods that had not been paid at present is KRW 4,045,80. 4) The Plaintiffs filed a claim against G in the first instance court of this case for the payment of the balance of each of the goods and the damages for delay. On January 18, 2017, the first instance court decided that “G shall pay the Plaintiff KRW 98,376,945, and KRW 69,68,390, and KRW 390, and KRW 4,045,80 to the Plaintiff, and KRW 15% of the annual settlement recommendation as to each of the said money from March 1, 2017.”

The plaintiffs' claim for each of the above goods price claims against G each of the above cases.

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