(영문) 대전지방법원 2014.10.07 2014나4840 | 리걸엔진

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(영문) 대전지방법원 2014.10.07 2014나4840

물품대금

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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. With respect to the instant lawsuit against the Defendant seeking payment of the active fish price against the Defendant, the Defendant is not a person C but the Defendant is not a person who is obligated to pay the active fish price, and thus, the instant lawsuit is filed against a person who is not qualified to be the Defendant, and thus, constitutes unlawful defense of safety.

The defendant's defense of principal safety is without merit, since the plaintiff's person asserted as the person responsible for performance has the standing to be the defendant in the lawsuit for performance.

2. Judgment on the main claim

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is the Defendant’s collection of “D” operated by the Defendant from April 7, 2011 to November 24, 2011 (hereinafter “D”).

A) The Defendant supplied active terms for its operation. Since the Defendant did not pay KRW 12,108,00 out of active terms to the Plaintiff, the Defendant is obligated to pay the Plaintiff the above KRW 12,108,00 and the damages for delay thereof. (ii) The Defendant’s Dong Seo-gu, the Defendant’s assertion, “E” runs a active fish retail business in Boh City F (Business Registration Number G) with the name of “E”. The other party who supplied active terms is not the Defendant but C, and the Defendant was an employee of C and the Defendant delivered active terms to C only.

Therefore, C is obliged to pay the above active fish price to the Plaintiff, and the Defendant is not obligated to pay it.

B. Fact 1) The Plaintiff is a person who runs a wholesale and retail business of fishery products under the trade name of "I" in Boan-si H. 2) The Defendant registered his/her business on January 14, 2005, with the business name of "D," the location of his/her place of business, "Seong-gu J, Daejeon-gu J, the address of the business operator, "F," the type of business, and the type of "business registration (K)".

3) On July 7, 2010, the Plaintiff began to receive the business registration certificate as described in the foregoing paragraph 2 from the Defendant and supply active terms.

The defendant shall indicate the trade name of "D" at the location of the plaintiff's place of business.

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