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(영문) 의정부지방법원 고양지원 2018.05.11 2017가합71690
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Transactions between the Plaintiff and Nonparty C (1) are a person who operates an individual enterprise under the trade name of “D” (Evidence A to 12), and Nonparty C is a person who operated an individual enterprise under the trade name of “B” from February 1, 2013.

(2) The Plaintiff supplied PE packaging, etc. to Nonparty C’s private enterprise B from February 2, 2013 to June 2014, 2014.

(A) evidence of heading 9 through 12). (b)

(1) The Defendant Company was established on July 2, 2014, and at the time of incorporation of the Defendant Company, the representative director of the Defendant Company was Nonparty E.

(A) No. 1, A No. 2-3, B-1). (2) Nonparty E resigned from the office of representative director of the Defendant company on April 13, 2015, and Nonparty C was appointed as the representative director on the same day.

(A) Evidence of No. 1, B of No. 1, (C)

The Plaintiff and the Defendant Company supplied the Defendant Company with PE packaging paper, etc. from July 2014 to May 2016

(Evidence A, 11, 12, 14, 15, 17 through 19) d.

On September 30, 2015, B closed a private enterprise B.

(B) Evidence Nos. 8 (Evidence 8). / [Reasons for Recognition] 1, Evidence Nos. 2-1 through 3, Evidence Nos. 9 through 12, 14, 15, 17 through 19, each entry of Evidence Nos. 1 and 8, and the purport of the whole pleadings

2. Determination as to Nonparty C’s claim 181,475,750 won relating to Nonparty C’s personal enterprise B

A. Based on the reverse application of the denial of legal personality or the responsibility of the transferee of the business, the Defendant Company asserted that the Plaintiff was the Defendant Company KRW 181,475,750 (181,475,750) (2) KRW 92,50,000 based on the loan certificate (Evidence A7) dated August 22, 2013, and KRW 172,063,250 (1,862,750) based on the loan certificate of August 22, 2013) by Nonparty C’s final judgment against Nonparty C (Additional District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 201,862,750).

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