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(영문) 광주지방법원 2019.10.16 2018나62101
물품대금
Text

1. The judgment of the first instance court, including the claim of the Plaintiff’s succeeding intervenor who participated in the trial, shall be modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs wholesale and retail business, such as processed fishery products, under the trade name of “C”.

B. On September 2010, the Defendant: (a) obtained ownership of the 9-11st floor in Seo-gu, Seo-gu, Gwangju (hereinafter “instant building”); (b) operated a wedding hall on the 9th floor (hereinafter “Y”); and (c) operated a restaurant on the 11st floor in the name of “N”; and (d) on February 7, 201, added a wedding hall-related business, restaurant business, etc. to the intended business on the corporate register.

C. From November 30, 2015 to January 8, 2016, Nonparty F entered into a contract for the supply of frozen fishery products with the Plaintiff around December 1, 2015, with the name of “G” as a person who was working as the representative director of the Defendant, and around December 1, 2015.

After remitting KRW 30,00,000 for business deposit to the F’s account on December 2, 2015, the Plaintiff supplied freezing fishery products equivalent to the total amount of KRW 24,843,300 from December 2, 2015 to June 20, 2016, and issued a tax invoice in an amount of KRW 24,843,30 in total, from December 31, 2015 to June 30, 2016, specifying the Defendant as “the supplier” and specifying the Defendant as “the supplier.” The Plaintiff received the said tax invoice, and the Defendant received the said tax invoice.

(hereinafter referred to as “the supply transaction of freezing fishery products of this case” in combination with supply transactions during the above period.

F on April 11, 2017, the Plaintiff drafted a debt certificate with the following content:

F Address: F address: address of Seo-gu, Seo-gu, Gwangju Metropolitan City: I verify that the above debtor would be liable to C representative A for all civil and criminal responsibilities in the event that the debtor has confirmed that the debtor would be liable to C representative A and fails to pay the debt by the due date:

1. Debt verification: By December 2, 2015 to June 20, 2016, the price of goods supplied by C to the Dispute Resolution Bank by July ---2016 to March 14, 2017: the price of goods supplied by C to N by no later than July 2, 2016.

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