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(영문) 대전지방법원 2017.01.19 2016가단208256

채무부존재확인

Text

1. The defendant's price for the goods is the Daejeon District Court of Sejong Special Self-Governing City of 2016 Ghana795.

Reasons

1. Basic facts

A. On December 14, 201, the Plaintiff acquired a business from its type C, who operated the business with the trade name of “B” and changed the trade name to “D”, and registered the business on December 19, 201.

B. “B” and “D” are only different from their trade names and representatives, and both the address and telephone number employees of the workplace were the same.

C. Since 2004, the Defendant supplied high-pressure gas to “B”.

The defendant supplied high-pressure gas to D by December 31, 2015.

Of the high-pressure gas prices traded with B and D from around 2004 to December 31, 2015, the outstanding amount as of December 31, 2015 is KRW 8,170,130.

E. On January 31, 2012, the Plaintiff received a total of KRW 19,126,140 from the Defendant for supply of high-pressure gas equivalent to KRW 567,60 by December 31, 2015, and finally settled KRW 19,126,140 on March 30, 2016.

F. The Defendant filed a lawsuit against the Plaintiff to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 8,170,130 as well as 6% per annum from January 1, 2016 to March 21, 2016, and 15% per annum from the next day to the date of full payment.” The Defendant filed a claim against the Plaintiff for the payment of the purchase price for the goods at Daejeon District Court 2016Ga795, Sejong Special Self-Governing City, Daejeon District Court 2016. Accordingly, the decision on performance recommendation made on March 16, 2016 became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The defendant asserts that the plaintiff is responsible for all of the costs of goods transaction in B since the plaintiff acquired the business in B and used the trade name. Accordingly, since the plaintiff notified the defendant of the fact that the trade name was changed and the trade name was changed, the plaintiff is responsible for only the costs of goods after the transaction in his/her own name, and since all of them are paid, the above obligation based on the decision on performance recommendation remains.