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(영문) 부산지방법원 2018.05.31 2016가단353766

물품대금

Text

1. Defendant C shall pay to the Plaintiff KRW 97,911,612 and the interest rate of KRW 15% per annum from January 10, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff registered his business with the trade name of “E” and runs a livestock products brokerage business from the F Livestock Products Joint Market to the intermediate wholesaler No. 7.

B. Defendant B, with the trade name of “G”, and Defendant C, with the trade name of “H,” respectively, was engaged in the wholesale and retail business of livestock products.

C. Defendant C, using the Defendant B’s business registration name (G), was supplied from September 18, 2015 to January 13, 2016, a total amount of KRW 315,748,082 from the Plaintiff to the Plaintiff’s KRW 56 times.

On February 17, 2017, when the lawsuit of this case is pending, Busan District Court declared the bankruptcy against Defendant C and appointed D as the bankruptcy trustee.

(Resan District Court 2016Hadan1538). e.

A trustee in bankruptcy took over the litigation procedures of Defendant C, but in September 21, 2017, C took over the litigation procedures again as the bankruptcy procedures were abolished.

[Reasons for Recognition] A-1 Evidence Nos. 1-3, A3-5 Evidence, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. On September 25, 2015, the Plaintiff asserted that the primary claim (liability of the contracting party) was made under a contract with Defendant C, who represented Defendant B on September 25, 2015, to deliver “Woo land,” etc. (hereinafter “instant contract”).

(2) Defendant B is obligated to pay KRW 97,911,612 to the Plaintiff the remainder of the goods. (2) It is insufficient to recognize that Defendant B granted the right of representation as to the conclusion of the instant contract solely on the circumstance that Defendant B delivered a copy of its business registration certificate to Defendant C, or on the record of Party A6 (Recording). There is no other evidence to acknowledge otherwise.

B. (1) At the time of entering into the instant contract, Defendant C is legitimate to enter into the instant contract on behalf of the Plaintiff, on behalf of the Plaintiff at the time of entering into the instant contract claiming the Plaintiff.

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