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(영문) 서울동부지방법원 2018.05.16 2017가합110197
물품대금
Text

1. The Defendant’s KRW 1,082,250,930 for the Plaintiff and the following: 6% per annum from September 3, 2017 to May 16, 2018.

Reasons

1. Basic facts

A. The Plaintiff supplied agricultural products to B Co., Ltd. (hereinafter “B”) which is an agricultural products distributor from 208 to January 2018. The amount of goods not paid from B is KRW 1,082,250,930.

B. As the representative C died on October 12, 2016, D, the wife of C, was appointed as the representative director of B on October 25, 2016.

D, as in November 29, 2016, the Defendant, a agricultural product distributor, was established and closed on April 12, 2017.

C. From February 2, 2017 to February 27, 2017, the Plaintiff supplied agricultural products to the Defendant. From March 20, 2017, the Plaintiff was paid the full amount of KRW 260,305,610 for the goods.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, Eul evidence 3 and 4, Eul witness E's testimony, the purport of the whole pleadings

2. As to the defense of this case, the defendant has already filed a lawsuit against the defendant as the same cause of claim in this case, and thus, the lawsuit of this case, which constitutes the subsequent lawsuit, is unlawful as it violates the prohibition of double lawsuit.

If the lawsuit filed first is withdrawn or dismissed and the continuation of the lawsuit is terminated, it is not a problem.

According to the statements in Eul evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant on July 12, 2017, prior to the filing of the application for the payment order of this case ( August 11, 2017), which is the same cause as the claim in this case, against the defendant on July 12, 2017, but it is recognized that the lawsuit is pending due to the withdrawal of the above lawsuit on December 5, 2017, and thus the continuation of the lawsuit is not a problem.

The defendant's main defense is not acceptable.

3. As to the merits

A. 1 The Plaintiff asserted the assumption of obligation that the Plaintiff sent the “general account statement for fixed-term customer” to the Defendant in the meaning of confirming the amount of goods unpaid, and E, as the head of the Defendant’s business division, has affixed the Defendant’s seal on the said documents.

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