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(영문) 창원지방법원 2021.01.28 2019나64782
물품대금
Text

The plaintiff's appeal and the additional selective claim filed by this court are all dismissed.

after the filing of an appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in manufacturing of industrial machinery, plants, etc., and F entered the Plaintiff Company on October 2016 and worked as the head of the Plaintiff by the end of July 2018, and is in charge of concluding a contract for the supply of materials by linking the company requesting the order for the supply of materials, etc. to the company requesting the order.

The defendant is a person who registered the business of "E", and the actual operation of "E" has become the defendant's husband D, and D and F have been known for a long time.

B. Around December 2016, F was asked by the person in charge of G, who is the Plaintiff’s business partner, to the effect that data on purchase transaction is necessary for tax benefits.

F) As an opportunity, F made it false as if there is a request for purchase of piping materials in the Plaintiff Company, and made the Plaintiff Company issue tax invoices to G, and made the Plaintiff Company pay the cost of purchase of piping materials to the supplier company to acquire it.

Accordingly, around December 2, 2016, F made a false report to the actual operator B of the Plaintiff Company stating that “The Plaintiff would purchase piping materials at KRW 43,890,00,00, including purchase price 39,500,000 inG, including value added tax, and at KRW 43,890,000.” The Plaintiff would purchase piping materials from E and supply them to G (hereinafter “the first false report”). Accordingly, the Plaintiff is the E business account in the Defendant’s name as requested by F plus KRW 22,00,000,000 in total, around February 15, 2017, plus KRW 43,450,00 in total, including KRW 40,450,00 in purchase price, and KRW 430,450,00 in purchase price.

the transfer was made.

F Until now, F has assisted the purchase and sale-related business of E operated by D, and the sales-related business part that it received was used for E’s business account on the grounds of its management, etc. However, using such circumstances, F made the Plaintiff remits the purchase price of piping materials to E’s account, and subsequently, made the Plaintiff remits the purchase price of piping materials from the said account on December 15, 2016;

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