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(영문) 의정부지방법원고양지원 2016.07.06 2015가단29315

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,046,60 and the interest rate of KRW 15% per annum from October 22, 2015 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion began transactions with C, the representative of the Defendant Company, from around 2010 to December 9, 2012. The amount of goods unpaid until that time was KRW 71,224,200, and C established the Defendant Company on February 4, 2013 to pay part of the amount by January 20, 2015. The remainder is KRW 40,046,600.

C has established a signboard installation company called D, and operated it in the name of the latter E.

The F, the team leader of the defendant company, signed the name in the trading specification list, and C also signed by C.

Although the value of the Plaintiff supplied after the establishment of the Defendant Company is KRW 63,469,400, the amount of the Defendant Company deposited to the Plaintiff is 94,647,000, the Defendant Company assumed the obligation of the Defendant Company.

B. The Defendant’s assertion is only a corporation established on February 4, 2013 by C director independently after the transaction with the Plaintiff. The Defendant’s personal business entity that was the representative is not subject to registration conversion as a corporation. A part of the signature of a daily worker working for the Defendant corporation is only made at the lower end of the transaction specification, and there is no signature on the confirmation of the Defendant corporation.

The defendant corporation did not conclude a contract of debt acquisition as an independent business debt from D and the defendant corporation that the plaintiff traded.

2. Determination

A. In light of the following, the defendant company's acquisition of the goods price claim obligation between C and the plaintiff in consideration of each of the statements in Gap's evidence Nos. 1 and 6 and the whole purport of the pleadings:

① After February 4, 2013, the Defendant Company’s incorporation signed the name of the employees of the Defendant Company on the details of transactions issued by the Plaintiff.

In this regard, the defendant is arguing that the signature of the daily worker working for the defendant company is only part of the signature of the employee, but it is not only once but also continuous transactions in which the employee of the defendant company signs his signature on the details of transactions more than once.