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(영문) 인천지방법원 2015.04.21 2014가합4862
물품대금
Text

1. Defendant B’s KRW 157,235,00 for the Plaintiff and 5% per annum from December 31, 2013 to May 12, 2014.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

2. Determination as to the claim against Defendant C and D

A. Under the trade name of “E,” the Plaintiff is an individual entrepreneur engaged in the manufacturing industry, such as the exploitation of industrial preparations. Defendant B is one shareholder of F Co., Ltd. F (hereinafter “F”) and an intra-company director, Defendant D Co., Ltd. (hereinafter “Defendant D”) is a manufacturer of the same type of business as F. Defendant D’s representative director. Defendant C is the representative director of Defendant D. (2) Defendant B was working for approximately eight years in Defendant D, and was separately established and operated on August 3, 201, and contracted for the processing industry, etc. of OV, which moved into the household surface from that time, to F.3, Defendant D sold a factory on June 5, 2012, and Defendant D sold the factory on October 12, 2012, and Defendant D’s “the building at issue” within the term “the building at issue 20 U.S. lessee.” (hereinafter “the building at issue”).

) Defendant D used as F together with F. For its use, lent KRW 30 million out of the lease deposit for the instant factory building to F in the form of a short-term loan, and Defendant D entered into a sublease contract separately with F, and paid KRW 10 million as the sublease deposit to F. However, on February 28, 2014, Defendant D decided to take over F’s facilities, etc., and acquired the F’s property such as the F’s right to claim the return of the lease deposit for the instant factory building, and repaid KRW 22,853,619, including F’s delayed payment of wages, etc., and repaid KRW 51,035,00,000, including overdue rent for the instant factory building.

Since then, Defendant D has been doing business in the factory building of this case until now.

5. Meanwhile, the Plaintiff supplied F with an aggregate of KRW 157,235,00 from April 18, 2013 to December 8, 2013.

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