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(영문) 서울고등법원 2016.10.06 2015나2071663

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who runs the fishery products brokerage business in Dongjak-gu Seoul Metropolitan Government with the trade name of “H.” (2) Defendant B is a person who runs the fishery products brokerage business in the name of “I restaurant.” Defendant C is a place of business with the trade name of “I restaurant” and Defendant C is a place of business with the name of “I restaurant”, and Defendant D is a place of business with the trade name of “J restaurant”, and Defendant D is a place of business with the name of “I restaurant”, and Defendant E is a place of business with the trade name of “I restaurant” and Q Q is a place of business with the name of “I restaurant”, and V is a person who operates each business after completing the business registration with the trade name of “JLB-gu X2”.

3) Defendant C and D were the children of Defendant B, Defendant E were the wife of Defendant B, and Defendant B was the wife of Defendant B, and Q was the Franchisium of Defendant B. The Plaintiff withdrawn the Plaintiff’s lawsuit against Q and V in the first instance trial. (B) The Plaintiff entered into a fishery products supply contract with Defendant B on November 2002 with the Plaintiff for the supply of fishery products, such as return, and entered into a contract for the supply of fishery products, such as return, to the Defendant B, and entered into a business of supplying fishery products, such as return, to the restaurant operated by the Defendants between November 25, 2002 and September 14, 2007.

2) The above goods transaction was concluded on September 14, 2007, and the price for the goods that the Plaintiff had not received as of the same day is KRW 304,650,000 (hereinafter “the price for the goods in this case”).

(C) On February 4, 2008, the Plaintiff filed an application for provisional attachment of real estate against Defendant E, as Seoul Southern District Court 2008Kahap371, and received a provisional attachment order on February 19, 2008.

2. After the decision of provisional seizure above, the plaintiff on September 1, 2008 and the defendants are as follows.