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(영문) 인천지방법원 부천지원 2018.01.16 2016가단27926
물품대금
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From April 30, 2012 to January 25, 2013, D supplied the Defendants with freezing fishery products, and around February 2013, 2013, D transferred a claim of KRW 2.660,000 in the amount of unpaid goods against the Defendants to G engaged in the same kind of business as “F”, and the Defendants consented thereto.

B. From February 4, 2013 to January 11, 2013, G supplied the Defendants with freezing fishery products, and around November 201, 2013, G transferred the Defendants’ claim amounting to KRW 33,403,000 for the unpaid goods to the Plaintiff. The Defendants consented thereto.

C. From October 13, 2014 to November 18, 2014, the Plaintiff supplied the Defendants with 3,288,000 won in total. The Defendants paid the Plaintiff KRW 2,688,00,00 in total from October 18, 2014 to November 21, 2014.

D around 2012, while trading with the Defendants, D issued a false tax invoice of KRW 120,73,00 in the name of H, and as a result, D received a tax payment notice of global income tax of KRW 50,431,520 and local income tax of KRW 5,043,150 on the grounds of the omission of income amount. The Defendants paid KRW 14,31,170 in total of global income tax and local income tax of KRW 14,31,170 on November 27, 2013 and paid KRW 24,146,600 on the grounds of the violation of the processing of false statements and the submission of false statements around June 2017.

E. Meanwhile, the Plaintiff was established on September 24, 2013, and the representative director of the Plaintiff was changed from G to I, and I is between D and J.

And K continued to work as the team leader of F, E, and the plaintiff, and G is the spouse of K.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1 through 3, 7 and 8 (including paper numbers; hereinafter the same shall apply), L's testimony, witness K's partial testimony, and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion Defendants jointly and severally paid the sum of the Plaintiff’s claim for goods and the amount of goods supplied to the Defendants.

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