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(영문) 청주지방법원 2015.01.29 2014가단19325
물품대금
Text

1. Defendant C:

A. Plaintiff Cho Jong-soo Co., Ltd.: KRW 16,191,112 and its related thereto, from January 1, 2014 to November 1, 2014.

Reasons

1. Determination as to the plaintiffs' claims against Defendant C

(a) the part corresponding to Defendant C among the grounds for the attachment of the claim to indicate the claim;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the plaintiffs' claims against the defendant B

A. The plaintiffs are juristic persons and private entrepreneurs operating meat wholesale retail business. The plaintiffs are entitled to recognize the supply of meat, etc. to the defendant C who operates a restaurant under the trade name of "D" by registering the names of the business operators as defendant B, and the price of the goods in KRW 16,191,112, the plaintiff Cho Young-ri, the plaintiff Cho Young-ri, the price of the goods in KRW 4,980,789, and the price of the goods in KRW 4,980,789, which was not paid by the defendant C, without dispute between the parties, or the whole purport of the arguments in subparagraphs A through 5 (including the number where there is a serial number)

B. 1) The Plaintiffs’ assertion 1) Defendant B had Defendant C operate a restaurant called “D” using his name and received meat, etc. from the Plaintiffs, and thus, Defendant B is liable for the nominal lender under the Commercial Act. As such, Defendant B and Defendant C are jointly and severally liable for the payment of the unpaid goods. Defendant B and Defendant C have to pay the unpaid goods. The Defendant’s assertion 2) made a transaction while supplying meat to Defendant C for two years, and received an outstanding amount confirmation, etc. from Defendant C, and the Plaintiffs were well aware of the circumstances that Defendant C operated the restaurant called “D”.

Therefore, Defendant C bears all the responsibility of the Plaintiffs, and Defendant B is not liable.

C. According to the above facts, Defendant B’s lending his name to Defendant C, which caused Defendant C to operate “D”, can be deemed to have been supplied by the Plaintiffs.

However, the defendant B has proved that the plaintiffs had been well aware of such circumstances, and thus, the Health Unit and the Commercial Code.

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