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(영문) 수원지방법원 2016.11.03 2015가단35269
물품대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 19, 2011, the Plaintiff filed a lawsuit claiming the purchase price of goods with the Suwon District Court 201Da87187 against C and D, and the conciliation was concluded with the following content.

C and D shall jointly and severally pay to the Plaintiff KRW 75 million in total as at the end of each 15th month from May 2012 to July 2013. If each of the above periods is calculated, 20% interest for each of the unpaid amounts shall be added thereto, and if each of the periods is three times, C and D shall immediately lose the benefit of the period, and jointly and severally pay to the Plaintiff the total unpaid amounts of KRW 75 million and the interest for arrears calculated at the rate of 20% per annum from the day following the day on which the benefit of the period was lost to the day of full payment.

B. The Plaintiff was not repaid at all the debt confirmed in C and D’s above mediation history.

C. On the other hand, C and D operate an original original model-only restaurant in the name of “G” in the building of 1, 2, above the F1, 2, 3 (hereinafter “instant store”).

Around October 2011, E closes its business, and thereafter E is the trade name “H restaurant” on November 1, 201, and I is the trade name “J restaurant” on October 20, 2012, and the Defendant completed its business registration on March 1, 2014 with the trade name “G” and operates at the instant store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1-1, 2, and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff asserts that, around the first place, C and D directly operated the instant store under the name of another person only for business registration, and that he transferred the business related to the instant store to the Defendant, the Defendant, a mutually binding transferee, should pay to the Plaintiff the Plaintiff the amount of KRW C and D’s debt KRW 75 million incurred in relation to the business and interest in arrears. 2) In addition, the Plaintiff, in excess of the obligation of C and D, shall pay E, I, and D the business related to the instant store.

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