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(영문) 인천지방법원 2014.12.10 2014가단19485
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts following the facts are acknowledged as follows: (a) there is no dispute between the parties; (b) there is evidence of Nos. 2 to 4; (c) Nos. 1 to 6; and (d) the witness B’s testimony in part; and

A. On April 15, 2009, C purchased machinery necessary for the operation of the instant factory from F on March 19, 2010 to use the said building as a factory (hereinafter “instant factory”) after leasing a building on the ground of the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu (Seoul) from C, Inc., starting a personal business chain E and registering its business. On May 26, 201, C purchased machinery necessary for the operation of the instant factory from F on March 19, 201, and registered its factory with the Seo-gu Incheon, Seo-gu, Incheon, and renewed the said lease contract with CJson.

B. B On November 1, 2009, 16 Dong-gu G Building No. 107, Dong-gu G Building No. 16 (107) opened a private business chain and registered its business.

C. B, on June 1, 2011, the place of business and the head office of 16.1, Dong-gu Incheon Metropolitan City G Building No. 16. 106, a corporation H was established and appointed as the representative director. C, the Defendant’s representative director, was appointed as the auditor of H, and C, a manufacturing business of electric power and water distribution teams, and a container rolling business. On December 13, 2011, the head office was changed to 4, Seo-gu, Incheon (Road address: Seo-gu, Incheon) from 1st floor.

On the other hand, around December 6, 2011, B transferred H to K with the intention of K to acquire the amount equivalent to KRW 30 million, including local taxes, national taxes, and four major insurance premiums, which were not paid by H, without separately stipulating the purchase amount.

C On December 30, 2011, the place of business and the location of the main office are Seo-gu, Incheon (Road Name Address: Seo-gu, Incheon L) established the defendant and appointed as the representative director. B was appointed as the defendant's auditor. The electric power department and water distribution team manufacturing business, container rolling business, etc.

2. Determination

A. By December 6, 2013, the Plaintiff asserted that the Plaintiff supplied Switzerland, etc. to H by December 6, 2013.

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