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(영문) 대구지방법원서부지원 2016.10.12 2015가단8074

물품대금

Text

1. The Defendant’s KRW 21,882,950 for the Plaintiff and 6% per annum from March 8, 2015 to July 22, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a business operator engaged in the sales of fishery products in the name of Daegu Dong-gu, Daegu-gu, as “D,” and E is a business operator engaged in the sales of agricultural and fishery products in the trade name of “G” (hereinafter “instant business place”).

B. From March 12, 2011, the Plaintiff supplied E with high-sea fishery products, such as high-sea and scam, related to the instant workplace. The amount of goods that E did not pay to the Plaintiff by March 7, 2015 is KRW 21,882,950.

C. Meanwhile, E and the Defendant married on December 16, 199, but divorced on February 4, 2005, and thereafter died on April 29, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 7 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is the joint operator who operated the instant workplace with the Plaintiff E.

The Plaintiff supplied various fishery products at the instant place of business according to the supply request of E or the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff 21,882,950 won for the unpaid goods and damages for delay.

B. The defendant divorced on February 4, 2005 with defendant E, and four children are the full-time supervisor who cares for four children.

The operator of the workplace of this case is only E, and the defendant has been able to temporarily work in a similar position as employee if necessary.

Therefore, the Defendant does not have the obligation to pay the price of the goods unpaid to the Plaintiff.

3. We examine whether the Defendant, along with E, runs the instant workplace.

Comprehensively taking account of the overall purport of the arguments in Gap evidence 3, 4, and 5, Gap evidence 6-1, and Eul evidence 6-2, and Eul's testimony, the front of the instant business establishment has a signboard indicating "G" in the front of the instant business establishment. At the lower end of the signboard, the defendant's cell phone number J refers to the defendant's cell phone number ‘I', which is the E mobile phone number number.