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(영문) 서울서부지방법원 2019.11.26 2018가단232679

손해배상(기)

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 117,626,67 and KRW 115,936,875 from June 9, 2018 to November 26, 2019.

Reasons

1. Basic facts

A. Defendant B is a person who engages in wholesale and retail business with Cheongchi as the trade name “D” and Defendant C is a person who is externally unfavorable to “director” and is engaged in the operation of Defendant B along with Defendant B.

B. On December 2017, the Plaintiff introduced Defendant C from the branch of land in order to discuss whether the Plaintiff supplied it through Defendant C, and the Plaintiff came to know of the Defendant B in the process.

C. The Plaintiff entered into a contract with Defendant C, and requested Defendant C for business registration to issue a tax invoice. Defendant C, instead of Defendant B’s business registration certificate, obtained a business registration certificate for “FE” registered in Defendant B’s name E, and issued the Plaintiff a business registration certificate for “FE” to the Plaintiff. On January 30, 2018, the Plaintiff obtained the said business registration certificate, and entered into a sales contract with Defendant C and Gabs, with the content that the Plaintiff would supply d3,500 won for the instant sales contract (hereinafter “instant sales contract”).

The Plaintiff, according to the instant sales contract, delivered to the female warehouse designated by Defendant C the four large quantity of containers from February 12, 2018 to March 8, 2018, pursuant to the instant sales contract.

E. As to the announcer supplied as above, Defendant C took overall control of the overall sale (retail) and Defendant B supported the purchase of funds or goods.

Defendant B, known to G and H, entrusted the management of the business, sale, and warehouse of the Y, and agreed to pay living expenses to the lender, and to distribute profits to the lender if more than the living expenses were to be earned.

F. However, the Defendants were unable to pay the Plaintiff the payment for the period of five months because they were not sold a large number of sirens, and the Plaintiff demanded the Defendant B to send the business registration certificate on May 24, 2018, and Defendant B sent the Plaintiff the business registration certificate for Defendant B, the business owner.