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(영문) 수원지방법원 안산지원 2018.08.30 2017가합5782
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s production and distribution business, such as plant plants, plant products, fruit products, and flowers products, and the Defendant (hereinafter “Defendant”) changed from Company B to Company B to Company B on December 12, 2016, including before and after the change; hereinafter “Defendant”) is a corporation with respective purposes of grain processing business, etc.

B. D decided to accept C from E on September 2015, and F took office as the representative director of C on September 14, 2015, and D on the same day as the internal director of C on the same day.

C. From November 11, 2015 to December 15, 2015, the Plaintiff supplied rice, rice, and straw, etc. to C, but was not paid KRW 401,949,600 out of the price of the said goods. Around April 2016, the Plaintiff lent KRW 35 million to D, a substantial operator of C.

C On September 30, 2016, on September 30, 2016, the Plaintiff prepared a contract for the transfer and takeover of bonds with the same content as the attached Form for the repayment of each obligation as stated in the said B.

E. D is working as the representative director of G Co., Ltd. (hereinafter “G agriculture”), and C and G Co., Ltd. (hereinafter “G”) through F until the date of the closing of argument. The head office is substantially operating as the representative director of Ulsan-gu, Ulsan-gu, and Ulsan-gu, and the head office is Busan-gu I and 202.

(5) On May 20, 2015, D was appointed as the representative director of G, and on September 26, 2015, F was appointed as the representative director of G. / [based on recognition] / Each entry in Gap's 1 through 3, 7, 8, 17, Eul's 1 and 2 evidence (including each serial number in case of additional numbers), witness D and F's testimony, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion is that C received a rice purchase price claim against the Defendant for the supply of rice and barley, etc., and the repayment of loans, and thus, C seeks reimbursement of the above claim against the Defendant.

B. The defendant's assertion that the defendant purchased rice from D or G.

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