beta
(영문) 수원지방법원안양지원 2017.12.13 2016가단10313

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. On April 27, 2015, the Defendant completed the registration of the D’s business by making the location of the Ansan tax office as “Sposi C”.

B. From May 2015 to April 2016, the Plaintiff supplied the parts equivalent to KRW 21,083,293 in aggregate to D, and received a total of KRW 6,00,000 from D as the price for goods.

C. The “F”, which completed business registration under the name of E, supplied the automobile parts worth KRW 11,368,589 in total from May 2015 to March 2016, and received a total of KRW 10,000,000 from D as the price for goods.

On April 28, 2016, the Plaintiff acquired the claim for the amount of goods indicated in the preceding paragraph against D from E (F) on April 28, 2016, and E notified the representative of D of the same day to the Defendant by content-certified mail.

[Reasons for Recognition] Facts without dispute, Gap's 1 to 4, 6, 7 evidence, Eul's 4 and 7 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion has a claim for the amount of unpaid goods equivalent to KRW 38,254,304 in total with respect to D, which is registered as a business operator in the Defendant’s future until April 2016. Since the Plaintiff acquired the unpaid goods payment claim equivalent to KRW 11,365,589 in total with respect to D from E, the Defendant, as a contracting party, is liable to pay the Plaintiff the total amount of the above goods payment and damages for delay.

Even if the Defendant did not actually operate D, it is obligated to pay the above amount of KRW 49,622,893 as the nominal name holder under Article 24 of the Commercial Act, as the nominal name holder was given a loan to G, even if the Defendant did not actually operate D.

B. The Defendant’s assertion G is merely a transaction with the Plaintiff while actually operating D, and the Defendant does not have any relationship with D, and the Plaintiff was aware of such circumstances at the time of the transaction, and thus, the Defendant is not liable for the name lender.

3. Determination

(a) Whether or not a party to a transaction bears the responsibility;

참조조문