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(영문) 대구지방법원 2020.03.06 2019가단139979

물품대금

Text

1. The Defendant: (a) KRW 114,957,840 for the Plaintiff and KRW 6% per annum from September 10, 2019 to March 6, 2020.

Reasons

1. Basic facts

A. The Defendant is the nominal owner on the business registration certificate of E engaged in the business of processing fiberss in the Ddong of the Gyeonggi-do Seocheon-si (hereinafter “E”).

B. The Plaintiff supplied goods to E by January 11, 2019. As of the closing date of the instant pleadings, the Plaintiff has a claim for the amount of KRW 114,957,840 as of the date of the instant pleadings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion 1) around the Plaintiff, and the Plaintiff traded goods with the Defendant. Therefore, the Defendant is obligated to pay the amount of goods unpaid to the Plaintiff. Even if the Defendant did not conclude a goods supply contract with the Plaintiff, the Defendant is obligated to pay the amount of goods to the Plaintiff as the nominal lender under Article 24 of the Commercial Act. 2) The Defendant’s dual mother F made a business registration under the Defendant’s name by stealing the Defendant’s name and thereby completing the business registration under the Defendant E’s name

Therefore, the defendant cannot respond to the plaintiff's request.

B. 1) Determination 1) Determination as to the primary claim (whether there is a liability as a party to a contract) is without dispute between the parties, but the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Defendant entered into a direct contract with the Plaintiff and the Defendant, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s primary claim based on the premise that the Defendant cannot be recognized as a party to a contract is without merit. (ii) Determination as to the conjunctive claim (whether the name holder is responsible as the name holder) is registered in the name of the Defendant, and the facts and circumstances revealed as to the registration of the business in the name of the Defendant as to the registration in the name of the Defendant as to the primary claim (the name holder is responsible as the name holder) are recorded in the statement in subparagraphs 3 through 6 (the number is included in each number and all of the arguments, and in light of the facts

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