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(영문) 인천지방법원 2020.05.08 2019가단240604

물품대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim, the main claim and the main claim of the defendant (Counterclaim plaintiff) are dismissed, respectively.

2.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. D was engaged in the distribution business under the trade name of E;

D on October 1, 2016, the right to the above distribution business and the business day were transferred to the Plaintiff.

On April 28, 2014, the Defendant completed business registration for the Nam-gu Incheon Metropolitan City G (hereinafter “instant store”) as its place of business with the name of F on April 28, 2014, and operated the marina at the instant store from May 2014.

B. The Defendant entered into a goods supply contract with D as to the F business, and received drinking water, fruits, etc. from D from May 21, 2014 to August 2015.

In 2015, the defendant opened the business of "I" in Yeongdeungpo-gu Seoul Metropolitan Government H in addition to "I", and received goods from "D".

C. Meanwhile, at the instant store before the Defendant, J had been engaged in marina business from March 20, 2014 to May 2014 with the trade name K, and D supplied goods to J.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 6, Eul evidence 26, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. From May 21, 2014 to October 2015, the Defendant supplied D with a total of KRW 105,797,562 (excluding returned amount of KRW 356,320) in relation to F business from D, and repaid KRW 91,025,00 among them. Therefore, the Defendant is obligated to pay KRW 14,772,562 in relation to F business. (2) Upon commencement of F’s operation, the Defendant accepted KRW 14,059,293 in relation to F business, and even if the Defendant did not take over the above obligation of J, the Defendant is obligated to pay the amount of debt to D, as it took over the K business of J.

3. Therefore, the defendant is obligated to pay 28,831,855 won in total to the plaintiff who has received a comprehensive transfer of the business from D, with the amount of goods payable and the amount of debt acquisition.

B. As to the claim for the price of goods, the Plaintiff is D.