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(영문) 대구지방법원 2020.05.21 2019가단10375

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. The Plaintiff is a person who runs a wholesale business in paint.

B. On May 1, 2018, the Defendant is a person registered as a manufacturer related to metal (hereinafter “individual company of this case”) with the trade name “C” (hereinafter “C”).

C. “D” is a motor vehicle part and electronic component manufacturer, which was opened on March 10, 2016, with a place of business located in the same place as the location of the instant individual enterprise, and a person registered as a business entity is E.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Claims based on contractual responsibilities, etc.;

A. The plaintiff's assertion (1) The defendant has operated ‘D' as F and the same business.

The private enterprise of this case is also a partner with F.

(2) From April 28, 2017 to January 19, 2019, the Plaintiff sold KRW 75,104,90 in total to the private company of this case and the private company of this case.

The defendant has a duty to pay the remaining amount of KRW 36,59,700 (=75,104,900 - partial payment of KRW 38,505,200).

(3) Even if the Defendant did not run his business, the instant individual company expressed to the Plaintiff its intent to acquire the obligation while taking over the business of “D” (Article 44 of the Commercial Act), and thus, is liable to pay the price (Article 44 of the Commercial Act).

B. (1) The facts below are either in dispute between the parties or in accordance with the purport of the evidence No. 6-1, No. 2, 7, 9, and No. 8-1, No. 8-2, and the entire pleadings.

In light of these facts, F’s factual confirmation (Evidence A 9) of October 10, 2019, which is consistent with the Plaintiff’s assertion, is difficult to believe.

① On May 1, 2018, F agreed that the Defendant “I,” “I, respectively, assume the responsibility for all business operators, such as all civil and criminal matters and monetary goods.”

② A person operating “G” filed a suit against the Defendant for the payment of the contracted construction cost from the instant individual enterprise (Tgu District Court Branch of Seogu District Court 2019 Ghana 30017).

F is the ‘G operator' (the defendant is the actual.

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