logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.11.08 2016나2042303
물품대금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant D’s KRW 53,817,259 on August 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was engaged in the business of manufacturing advertising materials, etc. with the trade name “H,” and Defendant B operated the business of wholesale of advertising materials, etc. under the trade name “E” with Defendant C, the wife under Article 402 of the Nam-gu Incheon Metropolitan City I building 402.

B. The Plaintiff supplied advertising materials to Defendant B and C, with the accumulated amount of goods, loans, etc., Defendant B paid KRW 117,00,000 per month to the Plaintiff on February 16, 2004 in installments of KRW 3,250,000 per month, and issued a certificate of borrowing that Defendant C guaranteed this (hereinafter “the certificate of borrowing of this case”). The Plaintiff created a mortgage on the real estate owned by Defendant B.

C. On July 20, 2007, the Plaintiff received dividends of KRW 19,989,898 from the auction procedure for the real estate owned by Defendant B.

Defendant B and C changed the trade name to “F” after the above auction procedure, registered the business in the name of Defendant D, who is an infant, and continued to engage in a transaction with the Plaintiff, and Defendant D signed on August 6, 2010 to the effect that the Plaintiff will take over the total amount of KRW 108,434,519 on the transaction statement.

E. The Defendants remitted KRW 700,000 to the Plaintiff on August 9, 2010, and KRW 100,000 to the Plaintiff on August 20, 2014.

F. Since then, the Plaintiff filed the instant lawsuit on July 16, 2015, which did not have any debt repaid by the Defendants.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5, testimony of Gap witness G in the first instance trial, purport of whole pleadings

2. According to the above findings of the determination as to the cause of the claim, Defendant B determined KRW 117,00,000 as the borrowed principal and delivered the instant loan certificate to the Plaintiff with the intent to repay the borrowed principal, and Defendant C guaranteed this, and Defendant D concurrently assumed the Defendant B’s obligation by preparing the above transaction statement to the Plaintiff.

On the other hand, according to the above facts of recognition, the Plaintiff is currently.

arrow