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(영문) 인천지방법원 2017.09.06 2016가단28513
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion is obligated to supply the Defendant who runs the wholesale and retail business of fishery products with the trade name “B” until April 30, 2016, and to pay 28,175,000 won in the balance of the goods. As such, the Defendant is obligated to pay 28,175,000 won in the amount of goods and delay damages therefor to the Plaintiff.

2. Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1, 7, and Eul evidence Nos. 1 and 3 (including the number of branch numbers), and the purport of the entire pleadings in the testimony of Eul witness C, it is recognized that C was supplied with fishery products from January 2015 to April 2016 by using the business registration name of "B" borrowed from the defendant around December 2014.

According to the above facts of recognition, since the actual transaction party to whom the above fishery product was supplied is not a defendant, it cannot be said that the defendant bears the obligation to pay the price for the goods as the actual transaction party.

In addition, according to the above evidence, although the defendant lent the above business registration name to C, and C used the above business registration name to make a transaction to be supplied with fishery products from the plaintiff, the plaintiff knew of the fact that the defendant lent the above business registration name to C at the time of the above transaction or was grossly negligent in gathering the above business registration name at least, so the defendant cannot be deemed to bear the obligation to pay the price for the goods to the plaintiff as a liability for

Therefore, the plaintiff's assertion does not need to further determine the remainder of the issue.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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