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(영문) 수원지방법원 안산지원 2018.01.24 2017가단6702
물품대금
Text

1. Defendants B and C shall jointly and severally serve as KRW 86,00,000 on the Plaintiff and as a result, from February 18, 2017 to May 1, 2017.

Reasons

1. Claim against Defendant B and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant D

A. The gist of the Plaintiff’s assertion is that the Plaintiff has a claim for the amount of unpaid goods amounting to KRW 86,189,700 against “F” operated by Defendant B, the nominal owner or actual husband of the business, E.

Defendant C, a pro-friendly type of E, signed and sealed “G Representative C” by preparing a letter of payment to pay the total amount of KRW 86 million out of the amount of unpaid goods on February 15, 2017, around February 1, 2017.

Therefore, Defendant C’s father, the nominal owner of business registration of “G”, is also liable to pay the unpaid amount of goods.

B. It cannot be deemed that Defendant C expressed his intent to bear the payment obligation on the phrase “G representative C” as indicated in the letter of payment rejection by Defendant C, the business owner of “G”.

In addition, even if Defendant D permitted Defendant C, who is his father, to engage in the business by using his name or trade name, the Plaintiff cannot be deemed to have mistaken Defendant D as the business owner of “G” in light of the foregoing written statement.

Therefore, the plaintiff's claim against the defendant D is dismissed as it is without merit.

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