beta
(영문) 부산지방법원 2014.07.24 2013가단204153

물품대금

Text

1. The Defendant’s KRW 51,964,690 for the Plaintiff and KRW 5% per annum from January 21, 2013 to July 24, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is running a wholesale and retail business with the trade name of “C”.

B. The Defendant received a proposal from D to make investments in a store located in the U.S. E in the Gyeong-gun, Gyeong-gun, Gyeongnam-gun, and invested approximately KRW 238,600,000 in total in terms of sales facility costs, etc. from August 29, 2012 to December 18, 2012.

C. D, as above, opened the store on September 14, 2012 by using a passbook in the name of the Plaintiff where the money invested by the Defendant was deposited, and operated the store on September 14, 2012, and on September 14, 2012, the tenant’s name and the name of business registration (G’s trade name) for the store was in the future of the Defendant.

D From September 14, 2012 to December 2012, 2012, D had overall operation, such as purchase, sale, management, etc. of goods, such as clothing, etc., sold in the said store, and the Defendant did not participate in the operation of the said store.

On the other hand, D separately operated a village store with the name of “G” in H. However, on December 11, 2012, the Plaintiff supplied D with a sample of 837,260 won from the said H store, as well as a sample of disposable products.

E. On December 12, 2012, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant contract”) with D using the Defendant’s name in G stores located in H on December 12, 2012, with the content that the goods shall be supplied for one year to the Defendant, but that the goods shall be paid for the current month by the 20th day of the following month.

D around December 13, 2012, around December 13, 2012, D issued to the Plaintiff a business registration certificate, a resident registration certificate, a certificate of seal imprint, and a copy of resident registration certificate.

F. According to the instant contract for the supply of goods in this case, the Plaintiff supplied, at the D’s request, a G store located in H with inflammable and mountain products equivalent to KRW 2,680,50 on December 15, 2012, 200, 2,680, 300 and mountain products equivalent to KRW 160 on December 29, 2012, 74,700 and mountain products equivalent to KRW 74,700 on December 26, 2012, and mountain products and mountain products equivalent to KRW 2,680 on December 29, 2012.