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(영문) 수원지방법원 2020.04.23 2019가단22797

물품대금

Text

1. Defendant B shall pay to the Plaintiff KRW 48,129,00 and the interest rate of KRW 12% per annum from December 7, 2019 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. In light of the above, the Plaintiff was obligated to pay 48,129,000 won for the goods unpaid to the Plaintiff, as well as damages for delay, on March 6, 2019, to Defendant B, who runs food processing business, such as impliedly in the wife population D. However, the Defendant did not pay 48,129,000 won for the goods.

(b) Judgment by public notice of applicable provisions of Acts (Articles 208 (3) 3 and 194 through 196 of the Civil Procedure Act);

2. The Plaintiff asserts that, as the Defendant C took over the business from Defendant C, Defendant C is jointly and severally liable for the payment of the goods under paragraph (1) with Defendant B.

However, the evidence submitted by the Plaintiff alone that Defendant C acquired the business of Defendant B.

It is not sufficient to recognize that Defendant B had taken over the obligation to pay the price for the goods against the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim against the defendant C is without merit.

3. In conclusion, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.