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Reasons
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(영문) 광주고등법원 2019.01.09 2018나151
물품대금
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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a lively wholesale and red wholesale retail business, and the Deceased was engaged in wholesale and retail business with the trade name “F” in Bju City, and Defendant D is a person who engages in wholesale and retail business with the trade name “H” in Bju City, and Defendant D is a person who engages in wholesale and retail business with the trade name “H” in Bju City.

B. From January 1, 2010 to October 13, 2015, the Plaintiff transferred a total of KRW 1,933,381,000 to the Deceased or Defendant D at the request of the Deceased.

C. From 2010 to 2015, the Deceased paid the Plaintiff KRW 1,345,550,000 in total as the price for red goods.

A seller of a certificate of confirmation of the transaction of goods: A seller of the transaction of goods: F. B.D. E (L) transaction date: from January 1, 2010 to October 13, 2015: 1,933,381,000 won - F: 1,280,381,000 won - H: 653,00,000 won: 587,831,000 won; 587,831,000 won;

On October 14, 2015, the business registration number of the purchaser of the above verification: L: F address: The name E in the city of Jeonnam-do: B (free and signed) I.

D. On October 14, 2015, the Plaintiff and the Deceased drafted a written confirmation as follows:

(hereinafter referred to as the “instant confirmation”). (e)

The Deceased died on May 17, 2016 while the instant lawsuit was pending, and Defendant C solely succeeded to the Deceased as Nonparty N renounces his inheritance among two inheritors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. The fact that the plaintiff delivered to the deceased or defendant D the red scarbs of KRW 1,933,381,000 to determine the cause of the claim is based on the facts that the deceased and the defendant D engaged in the wholesale and retail business. The defendant C is the defendant.

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