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(영문) 광주지방법원 2015.08.28 2015나2368
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 15, 2009, C, the father of the Defendant, changed the trade name into D (E after this change) and, on January 10, 2012, made the name, “G”, and “E” the same place as “E”, the name on April 19, 2012, the Defendant’s father, registered each business in the name of the Defendant, “I”, and the location of the place of business at the same place as “E”, and operated manufacturing and sales business, such as the main household, at the location of the said place of business.

B. From September 6, 2010, the Plaintiff was engaged in a transaction in which the Plaintiff supplied, from around September 6, 2010 to “D” and “G” and received the price of goods (hereinafter “instant goods transaction”).

C. The remainder of the price for the goods supplied to G, etc. at the time of November 14, 2013 is KRW 9,398,600.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7 (including each number), Eul evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff asserts that, as the Defendant and C supplied kitchen parts, etc. to private companies operated by the Defendant and C, the Defendant is jointly and severally liable with C to pay the price of the goods arising from the instant goods transaction as the parties to the instant goods transaction. 2) The Defendant asserts that the parties to the instant goods transaction are C, and the Defendant is merely C, and the Defendant is merely a worker of C, and thus, the Plaintiff does not have any obligation to pay the price of the goods arising from the instant goods transaction.

B. Determination 1) The following facts can be acknowledged in light of the overall purport of the pleadings as to the statements in Gap evidence Nos. 2, 5, and 7 (including additional numbers). A) The Customer Director (Evidence No. 2) in which the plaintiff recorded the transaction details of the goods of this case is indicated as the representative of G.

B. The defendant has been working at the location of the place of business, G, etc., and entered in the transaction account book of the goods in this case.

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