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(영문) 광주지방법원 2018.04.13 2015가합4315

물품대금

Text

1. C, the party taking over the lawsuit of Defendant B, is within the scope of the property inherited from the deceased B, and shall be within the scope of the property inherited from the deceased B,57,831.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in a biochemical, redly wholesale retail business, and the network B (hereinafter “the network”) is a person who engages in wholesale and retail business in the name of “F” in Naju City, and Defendant D is a person who engages in wholesale and retail business in the name of “H” in Naju City.

B. From January 1, 2010 to October 13, 2015, the Plaintiff supplied a total of 1,933,381,000 won to the Deceased or Defendant D.

C. From 2010 to 2015, the Deceased paid a total of KRW 1,345,550,000 to the Plaintiff as the red language price.

On October 14, 2015, the Plaintiff and the Deceased drafted a written confirmation of the following contents:

(hereinafter referred to as “this case’s confirmation”). The seller of the details of the confirmation of the transaction of goods: FJ (K) in the Republic of Korea: FJ (L) in the Republic of Korea, the date of transaction in G (M) in the Republic of Korea, in the Republic of Korea, from January 1, 2010 to October 13, 2015: 1,933,381,000 won - F: 1,280,381,000 won - F: 653,00,000 won: 587,831,000,000 won: the buyer himself/herself does not confirm that he/she has transacted the above goods as the said transaction details (purchase purchased from I and used them in F and H).

On October 14, 2015, the business registration number of the purchaser of the above verification: L: F address: The name E in the city of Jeonnam-do: B (free and signed) I.

E. The Deceased died on May 17, 2016 while the instant lawsuit was pending, and the Defendant C solely inherited the Deceased as Nonparty N renounces his inheritance among two heirs.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6, Eul evidence 1 (including satisfy number), the purport of whole pleadings

2. The Plaintiff’s assertion, the deceased, and the Defendant D were supplied with red language from the Plaintiff while running a business jointly as a de facto couple. As such, Defendant C and the Defendant D, who succeeded to the deceased, jointly and severally, to the Plaintiff as to the remaining red language price of KRW 587,831,00 and this.