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(영문) 부산지방법원 2019.02.20 2017나58144

물품대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the conjunctive claim are all dismissed.

3. Action.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff supplied 67,705,200 won to the Defendant, who engages in the daily retail business with the name of “C” until July 2, 2016. Accordingly, the Defendant is obligated to pay the Plaintiff the amount of goods paid as the price for goods and the delayed payment thereof. 2) Even if the Defendant is not a party to the daily supply transaction between the Plaintiff and the Plaintiff, the Defendant provided D with the name of the business operator and the deposit passbook for the daily supply transaction with the Plaintiff.

Therefore, the defendant is liable to pay at least 63,000,000 won and delay damages, which are the value of supply on the tax invoice issued by the plaintiff as the nominal lender to the plaintiff as the beneficiary of the defendant.

(Plaintiff's request and amendment of the claim made on November 6, 2018). (B)

The summary of the Defendant’s assertion 1) Since the parties to the daily supply transaction between the Plaintiff and the Plaintiff are not parties to the instant transaction, the Defendant is not obligated to pay the Plaintiff the amount of goods unpaid from the said transaction. 2) Furthermore, the Defendant lent business funds to D, but only lent only the name of the lease contract and the name of the business registration in order to secure the claim for the lease deposit as security for the loan, and the Plaintiff was well aware that D is the actual transaction, and thus, did not mislead the Defendant as the business owner.

Therefore, even if the Defendant did not bear liability against the Plaintiff as the nominal lender, even if it is acknowledged that the Defendant is otherwise liable for the name lender, the Plaintiff’s conjunctive claim based on the Plaintiff’s tax invoice for “Y” rather than the “claim” is a re-claimed claim for the claim already extinguished due to repayment. Therefore, even if it is not recognized as the above-paid repayment, the scope of the Defendant’s liability recognized as the Defendant