물품대금 등
1. Revocation of the first instance judgment.
The defendant is jointly and severally with the co-defendant C of the first instance trial to the plaintiff (appointed party) on 6,207.
1. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) asserts in the first instance trial that the Defendant’s claim for the payment of goods against the Defendant is the cause of filing a claim for the payment of goods, and that the Defendant primarily operates the Dmart (hereinafter “Dmart”) jointly with the Defendant Co-Defendant C (hereinafter “C”) of the first instance trial, and ② in preliminary case the Defendant leased the name of the Defendant’s business to C, and thus, the Defendant is liable for the nominal lender under Article 42 of the Commercial Act.
The plaintiff argued that C has the right to claim the return of unjust enrichment against the defendant, which is the exercise of this right.
The court of first instance rendered a judgment to dismiss all the plaintiff's primary and preliminary arguments and to dismiss the plaintiff's claim against the defendant.
The Plaintiff appealed against the judgment of the court of first instance, and appealed only from the judgment of the court of first instance on the grounds of appeal, that is, “the judgment on whether the Defendant is a substantial business owner of DNA”. Thus, the subject of the judgment of this court is limited to the Plaintiff’s primary argument.
2. Facts of recognition;
A. On October 27, 2015, the Defendant completed his/her business registration with the trade name “Dart,” and operated the instant marina in subparagraphs C and C of the Commercial Building F and G located in Seongbuk-gu E-gu, Sungnam-si, Sungnam-si, with C from November 1, 2015.
B. C registered the instant marina as joint business operators on December 1, 2015, and changed its business registration under its sole name on January 26, 2016.
C. The Plaintiff and the Selection supplied goods to the instant marina from May 2016 to April 2017, and was not paid for KRW 6,207,752, 1,878,850.
On May 2017, the plaintiff and the designated parties requested C to issue a debt certificate, and C issued a debt certificate on May 23, 2017.
C On April 17, 2017, the instant marina was transferred to Nonparty H in KRW 350 million, and H operated the instant marina from May 1, 2017.
H Of the transfer proceeds, the amount of KRW 240 million shall be the following table: