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(영문) 부산지방법원 2018.06.12 2016가단351920
사행행위등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 49,244,134 and the interest rate thereon from February 18, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business of food, etc. under the trade name of Defendant B (hereinafter “Defendant B”) is a corporation established for the purpose of wholesale and retail business of food and food materials, and Defendant C is a person who engages in wholesale and retail business with the trade name of F due to the denial of Defendant B, the representative of Defendant B.

B. From June 1, 2016 to October 1, 2016, the Plaintiff supplied Defendant B with foodstuffs, etc., and was not paid KRW 49,24,134 in total among the prices of goods.

C. On July 14, 2016, Defendant B’s promissory notes worth KRW 17,400,000, face value issued by the Plaintiff for the payment of goods, were rejected on September 19, 2016, and the three copies of promissory notes (total face value of KRW 57,100,000) incurred to the Plaintiff were successively refused payment. Defendant B, on September 14, 2016, prior to the refusal of payment of the said promissory notes, transferred approximately KRW 25,00,000, which were in Defendant B’s warehouse (hereinafter “instant inventories”) to a F warehouse operated in the name of Defendant C.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 14 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 49,244,134, and damages for delay calculated at the rate of 15% per annum from February 18, 2017 to the day of complete payment, as claimed by the Plaintiff, following the delivery of a copy of the instant complaint, as claimed by the Plaintiff.

3. Claim against Defendant C

A. The plaintiff's assertion that the defendant B deducted the stock of this case in the defendant B's warehouse from the F warehouse operated in the name of the defendant C in order to avoid compulsory execution due to the bankruptcy crisis.

Defendant C is the denial of Defendant B’s operator, and is the evasion of compulsory execution as above.

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