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(영문) 수원지방법원 2019.07.10 2018가합17351
물품대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Although the Plaintiffs had a claim for the amount of goods against L Co., Ltd. (hereinafter “L”), they failed to pay the amount of goods due to the dishonoring crisis, on September 5, 2008, the Plaintiffs constituted a claim group to recover the Plaintiffs’ claim for the amount of goods sold against L, and appointed Plaintiff A as the representative of Plaintiff A, Plaintiff B as the general manager, and Plaintiff F as the auditor, and delegated the responsibility for the collection of the claims.

B. On September 9, 2008, Plaintiffs A, B, and F representing the Plaintiffs entered into a transfer contract with L to secure repayment of L and the amount of credit of 881,829,738 won for L and the Plaintiffs (hereinafter “instant transfer contract”).

M, the representative director of L at the time, stated that L is paid by the customer on the same day, and made efforts to pay 30 to 50% of the amount of credit of the plaintiffs by December 30, 2008, and deliver to the representative of the bond group a written statement of performance.

C. On February 6, 2009, the representative A, B, and F entered into a sales contract with N to sell L, the object of the instant transfer and acquisition contract at KRW 130 million (hereinafter “instant sales contract”).

At the time of the instant sales contract, the representative of the bond group stated in the contract that “Provided, That the representative of the bond group shall set off all the obligations of the L in the contract at the same time as the contract is concluded,” and agreed to deliver notarial documents concerning the instant transfer/acquisition contract, etc. to N upon the completion of the payment of the remainder.

The above N was registered as L director at the time of the transfer transfer contract and sales contract of this case, and the O operated by N was indicated as the second factory of the above company.

E. L was dissolved under Article 520-2(1) of the Commercial Act on December 2, 2013, and the Commercial Act on December 2, 2016.

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