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(영문) 대구지방법원서부지원 2016.12.08 2015가단24229

물품대금

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 is a person who manufactures and sells plastic products made of synthetic resin with the trade name “C”.

B. The Plaintiff supplied the “E” that was registered as a business operator under D’s name from August 201 to January 2014, 201, with the amount of KRW 54,792,782, but the Plaintiff was not paid KRW 28,142,240 among them, and was paid KRW 26,650,542.

C. D filed an application for individual rehabilitation with the Daegu District Court 2015 Session30000, and on December 30, 2015, the said court decided to authorize the repayment plan including the Plaintiff’s aforementioned unpaid payment claim.

The defendant is the wife of D.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion “E” is the name of the Defendant’s husband, but the actual business operator operating “E” is the Defendant, and the Defendant is obligated to pay the above payment and damages for delay to the Plaintiff.

3. The judgment of the defendant as to whether the defendant is the actual operator of Gap evidence Nos. 3-1, 2, 3, and 4-1, 6-1 of the evidence Nos. 4-1, 2, 5-1, 2, 3, and 6-1 of the evidence Nos. 4-1, 5-1, 2, 5-1, 3, and 6-1 of the evidence Nos. 4-1, 5-1, 5-2, 3, and 6, and the witness F's testimony cannot be believed as they are. The statement of evidence No. 5 alone is insufficient to acknowledge it, and there is no

4. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.