logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.02 2017가단7927
물품대금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 45,113,90 and its amount from October 1, 2016 to September 9, 2017.

Reasons

1. Determination as to the claim against the defendant company

(a) Indication of claims: It shall be as shown in the reasons for the application;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act.

2. As to the claim against Defendant B, the Plaintiff asserts that the Defendant B, as the actual shareholder and representative of the Defendant Company, was aware of the fact that the Defendant Company would be unable to pay the goods due to its management conditions from the time of the supply of the goods from the Plaintiff on January 2015, but continued to sell the goods to August 2016. As such, the Plaintiff is obligated to pay KRW 45,113,90, which is the amount equivalent to the amount of the goods unpaid, to the Plaintiff as damages under Article 401 of the Commercial Act.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that Defendant B neglected to perform his duties as a director of the Defendant Company by intention or gross negligence, and there is no other evidence to acknowledge this differently, the Plaintiff’s assertion is without merit.

arrow