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(영문) 인천지방법원 2020.02.11 2019나54576

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiff is a legal entity that operates a manufacturing business of metal heating, etc. on the trade name “D” in Yangju-si, and the Defendant is an individual business entity that operates a manufacturing business of metal heating, etc. on the trade name “D.” Meanwhile, E discontinues the manufacturing business of metal heating, etc. on the trade name “F.” On the other hand, around December 7, 2015, the Plaintiff continued to operate a new business with the trade name “H,” one with his mother’s place of business located in “H,” and continues to operate the previous business.

Since then, around March 2016, E agreed to operate a partnership with the Defendant and I as investment, and around April 11, 2016, E changed its business registration from G, the Defendant, and I’s joint name to D, respectively.

After September 1, 2016, the defendant entered into an agreement with E and I to operate the above business in a partnership with them independently. The business registration was changed from G, the defendant, and I's joint name.

(trade name and location location were maintained as they were).

(1) The Plaintiff has continued to engage in goods transaction with E since it entered into a goods supply contract with E, which is called “F,” with the trade name of “F.” As of October 31, 2015, the said goods transaction was conducted in the name of J or D from December 23, 2015 (2) the Plaintiff’s credit payment claim against E was KRW 18,691,105, and the Plaintiff confirmed that the Plaintiff’s credit payment claim of October 31, 2015 was KRW 18,691,105, and issued a written promise of confirmation of transaction balance and payment (Succession) in the name of G and E with the content that “H (G) succeeds to the said obligation and joint and several surety for payment of the said obligation” from November 16, 2015.

3. The Plaintiff supplied goods to the Defendant by November 29, 2017, and the remaining goods payment claims according to the Plaintiff’s calculation method are KRW 16,452,763.