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(영문) 서울남부지방법원 2019.10.25 2019가단201017

손해배상(기)

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1. Defendant B’s KRW 76,880,00 for the Plaintiff and KRW 5% per annum from October 15, 2018 to February 25, 2019.

Reasons

1. The Plaintiff is a de facto operator of D (title E in the name of business registration) and is engaged in the household manufacturing business with the above trade name.

Defendant B is the actual operator of F, and Defendant C, as the mother of Defendant B, allowed Defendant B to use the bank account (G) opened in his name in connection with F operation.

On August 2017, the Plaintiff provided all the goods agreed upon by Defendant B to provide H apartment, Si interest I building, J apartment, K commercial building, etc. at the request of Defendant B, but did not receive KRW 41.7 million out of the price of the goods.

Defendant B repaid to the Plaintiff on January 3, 2018 the amount of KRW 41.7 million up to September 30, 2018 with respect to the obligation to pay the price for the goods.

'A notary public' has prepared and issued a notarial deed in 2018 No. 6 of L 2018.

Upon Defendant B’s request, the Plaintiff additionally supplied the total amount of KRW 101,180,000 from May 2018 to October 15, 2018, and the amount of the goods unpaid is KRW 35,180,000.

[Ground for Recognition] Defendant B: Confession (Article 150(1) of the Civil Procedure Act), Defendant C: The absence of dispute, each entry of evidence Nos. 1 through 7, the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary assertion (as against the Defendant) was made by Defendant B, as a bad credit holder, who did not have the intent or ability to pay the price of the goods to the Plaintiff, caused the Plaintiff to supply the goods by deceiving the Plaintiff, and did not repay it. The Defendant C, despite being aware that the Plaintiff B was not able to pay the price of the goods, knew that he did not have the ability to pay the price of the goods, was involved in the act of acquiring the Defendant B’s passbook and seal with the intent to take profit from the Plaintiff, or aided and abetting the Defendant B by making it easier

B. On September 17, 2019, as to the conjunctive Defendant C, the Plaintiff added the conjunctive cause of the claim at the second date for pleading.