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(영문) 인천지방법원 2020.05.19 2019가합55438

공사대금

Text

1. Defendant H: (a) KRW 250,00,000 to Plaintiff A; (b) KRW 45,957,000 to Plaintiff B; and (c) KRW 72,850 to Plaintiff C.

Reasons

Under the basic facts, Defendant H is the chairperson of the hotel L (previous mutually known hotel), and Defendant I is a person who has served as the vice-chairperson of the hotel L.

Defendant H registered the hotel L business operator around September 1, 2015.

Defendant I was registered as a joint hotel of hotel L from September 23, 2016 to September 17, 2017, and the hotel withdrawal from joint business was corrected by Defendant H’s sole business around September 18, 2017.

The Plaintiffs entered into a construction contract or goods supply contract with Defendant H, etc., and completed construction works accordingly, and supplied goods.

On November 10, 2017, Defendant J and Defendant K entered into a land sales contract to sell the instant real estate owned by Defendant J to Defendant K at KRW 375,00,000.

Defendant K completed the registration of ownership transfer on November 16, 2017, the receipt of the Incheon District Court’s registration No. 425168, Nov. 10, 2017, with regard to the instant real estate.

【In the absence of dispute, Defendant H and I jointly operated hotel L as a partnership relationship with Defendant H and I, a summary of the Plaintiffs’ assertion as to the overall purport of the pleading, including the fact that there is no dispute, Gap Nos. 1 (if there are several numbers, including numbers; hereinafter the same shall apply), 3-2, 3-3, and Eul Nos. 1, 2, and 6.

The plaintiffs are entitled to outstanding bonds, such as entries in the purport of claims, by performing construction and delivery in the course of the construction and operation of hotel L.

Since the above claim is a commercial bond, Defendant H and I jointly operated L with L as a partnership relation are jointly and severally liable to pay the above outstanding amount to the plaintiffs.

Defendant I registered as a hotel L business proprietor, and after withdrawal from the business proprietor, Defendant H continued to use the hotel trade name L, and the Plaintiffs did not notify the Plaintiffs of his withdrawal from the business, and the Plaintiffs continued to supply the goods without knowledge.

Therefore, Defendant I is about the outstanding amount of commercial law.

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