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(영문) 대구지방법원 2021.02.03 2020나312665

물품대금

Text

All appeals by the defendant against the plaintiffs are dismissed.

Expenses for appeal shall be borne by the defendant.

the purport and purpose of the claim;

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the portion added as follows, and thus, the same is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. The defendant's assertion 1) The defendant is not a party to each supply contract of this case.

At the time, the defendant was a university student who is 24 years of age (H), and the plaintiffs also talked with E that the defendant's age is too small, and they knew that E is working in the name of the defendant who is her own child.

2) The Plaintiffs were aware of the fact that they are operating “D” in the name of the Defendant, E, and thus, the Defendant is not liable for the nominal lender under Article 24 of the Commercial Act.

B. Judgment 1) The parties to each of the supply contracts of this case are the defendant, as examined earlier.

According to the purport of the testimony and change of E in this court, E has not been registered as a business operator under his name on the grounds of his personal credit problems, etc. and has been registered as a business operator under his name and has been engaged in transactions through the account under his name. As such, even if a family member of the representative who registered as a business actually takes exclusive charge of the contractual acts, etc. concerning the business, it is not so much in light of social general business practices. In such a case, barring any special circumstance, the party to the transaction, barring any other special circumstance, shall be deemed the party to the transaction,

In light of the fact that it is reasonable to view the above E as a party to each supply contract of this case, solely because the testimony of the above E or the defendant was the 24 years old at the time, the plaintiffs recognized E as a party to each supply contract of this case

The recognition is insufficient, and there is no other evidence to prove it.

2) For the same reasons as the above 1) above, the testimony of the above E alone is alone made by the defendant.

참조조문