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(영문) 서울동부지방법원 2018.06.20 2017나4098

물품대금

Text

1. Of the judgment of the court of first instance, the part against Defendant B ordering payment in excess of the amount ordered below.

Reasons

1. Facts of recognition;

A. From September 2012 to March 31, 2013, the Plaintiff supplied Hens' eggs to “Ecafeteria” located in Dongdaemun-gu Seoul, Dongdaemun-gu and the first floor. The amount unpaid as of August 31, 2015, which settled the supply price of Hens' eggs, is KRW 10,220,000.

B. On August 31, 2015, Defendant C confirmed that the unpaid amount of KRW 10,000, out of the previous unpaid amount, was KRW 10,220,000, and signed the Plaintiff’s account book as “C”.

C. Meanwhile, Defendant C, after completing business registration on March 26, 2012, operated the above “E restaurant” and continued to operate the “E restaurant” after completing business registration under the name of Defendant B, which is the son, from March 25, 2013.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion (1) is the mother and child, and the Defendants were provided with Hens’ eggs from the Plaintiff while operating the “Ecafeteria.” As such, the Defendants are jointly and severally liable to pay the Plaintiff KRW 10,220,000 for the unpaid price as of August 31, 2015.

(2) The summary of the Defendants’ assertion is Defendant C to obtain Hens' eggs from the Plaintiff, and Defendant B only lent only the name of business registration to Defendant C.

In addition, Defendant C also received Hens' eggs from the Plaintiff only until the end of December, 2012, and received hens' eggs from another company after completing business registration under Defendant B’s name.

B. (1) Determination (1) First, as to the claim against Defendant C, Defendant C was supplied with Hens' eggs from September 2012 to March 31, 2013 by the Plaintiff. Since then, Defendant C paid part of the unpaid amount to the Plaintiff in installments, Defendant C settled the unpaid amount at KRW 10,220,000 on August 31, 2015, and signed the Plaintiff’s account book with “C” as seen earlier.