(영문) 의정부지방법원 2018.10.10 2017가합53125

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(영문) 의정부지방법원 2018.10.10 2017가합53125

물품대금

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1. The Defendant shall pay to the Plaintiff the amount of KRW 471,404,768, and KRW 471,328,477, out of the said amount, with full payment from July 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is to extract and supply aggregate.

On October 24, 2011, the Plaintiff entered into a contract with Nonparty C (mutual name before the change: D; hereinafter “Nonindicted Company”) under which the Plaintiff produced aggregate at the aggregate extraction site located in Mineyang-si E and supplied it to the Nonparty Company, and the Nonparty Company would settle aggregate shipped by the Plaintiff by the end of each month and pay aggregate production costs (hereinafter “instant contract”).

B. According to the instant contract, the Plaintiff produced aggregate from March 2012 to July 2012 and supplied it to the non-party company. However, the non-party company paid only part of the progress payment that occurred every month.

C. As to the unpaid amount of goods, the Plaintiff filed a lawsuit against the non-party company seeking the payment of the goods under the Suwon District Court 2013Kahap3558.

On July 22, 2014, the lower court rendered a judgment in favor of the Plaintiff that “the company outside the lawsuit shall pay the Plaintiff the amount of KRW 471,328,477, and damages for delay calculated at the rate of 20% per annum from April 30, 2014 to the date of full payment,” and the said judgment became final and conclusive on April 30, 2015 through the appellate court.

(2) The Plaintiff’s claim against the non-party company based on the above judgment (hereinafter “instant claim”) D.

Meanwhile, the Plaintiff received KRW 117,433,00 out of the amount invested to the FF association of the non-party company based on the instant judgment claim during the proceeding of the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 10 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is a company established by the non-party company for the purpose of evading his/her own debt, and thus, the defendant is the non-party company against the plaintiff.

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