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(영문) 인천지방법원 2015.10.21 2015가단205436

물품대금

Text

1. The Defendant’s KRW 28,120,00 for the Plaintiff and 6% per annum from January 14, 2015 to October 21, 2015.

Reasons

1. The plaintiff is a merchant engaged in wholesale and retail business of food materials in C with the trade name. The defendant is a merchant engaged in the manufacturing business, etc. using D (business registration number E, Gu trade name F) trade name. The plaintiff is a person who is supplied with the defendant around 2014 and ordered food materials equivalent to 34,013,000 won in total (excluding items Madern as of January 31, 2014 when the plaintiff did not have any actual supply of goods from the sales declaration amount, but including the tax amount in the case of taxable transaction items). Accordingly, the defendant ordered food materials equivalent to the amount of the plaintiff's order and the defendant's H's 34,013,000 won in total (excluding items Madern as of January 31, 2014 when the plaintiff did not have any actual supply of goods from the sales declaration amount, and the defendant is entitled to receive the plaintiff's respective food materials from January to July of the same year, 200.

According to the above facts, barring any special circumstance, the defendant shall pay the seller the price for the goods from the supply of the above food materials to the plaintiff who is the seller, and it is difficult to find the proviso to give the legal status of the contracting party in lieu of the plaintiff to the non-party I.

[I's position that both parties agree on the whereabouts of I. As of the first day for pleading, the plaintiff mentioned that I was a person in charge of the above C's business on the first day for pleading, and as seen thereafter, considering that C is an original raw material distributor and the finished product of the defendant's manufacture is also a large amount of purchase circumstances and other defendant's statements, I is likely to have been closely involved in the commercial transaction between the original defendant at least, and on the other hand, the defendant's purchase list (F is not submitted) includes the details of expenditure of I's credit investigation expenses prior to the commencement of the transaction with the plaintiff). Accordingly, the defendant is equivalent to 32,026,800 won, such as electric disease, in the transaction with I.