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(영문) 인천지방법원 2016.11.17 2016가단33058
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 31,012,340 and Defendant A from March 2, 2016 to July 22, 2016.

Reasons

1. Facts of recognition;

A. Defendant A is the father of Defendant B.

B. The Plaintiff continued to supply food materials, etc. to the cafeteria located from No. 205 to No. 208 of the Ansan-gu Seoul Building C, from February 14, 2015 to March 1, 2016, and the amount of money that was calculated as of March 1, 2016, which was the last transaction date, is KRW 31,012,340.

C. From September 12, 2014, Defendant B registered and operated the said restaurant under his/her own name, and subsequently transferred his/her business to Defendant A around November 16, 2015, and corrected the name of the business operator to Defendant A. However, the Defendants jointly operated the said restaurant after the transfer of business.

[Ground for Recognition: Facts without dispute; Gap evidence 1 through 3, 5 through 7; Eul evidence (including each number; hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

2. According to the above facts of determination as to the cause of claim, Defendant B is obligated to pay the Plaintiff the remainder of the goods and delay damages, and Defendant B is obligated to pay the Plaintiff the remainder of the goods and delay damages, even if the above business takeover does not succeed to the obligation, and the Plaintiff’s transfer claims against Defendant B arising from the business takeover, which continues to use the same trade name as the previous trade name at the same place of business, is jointly and severally liable with Defendant B. The Defendants are jointly and severally liable to pay the Plaintiff the remainder of the goods amounting to KRW 31,012,340, and the amount of the goods remaining after the final transaction date, as the Plaintiff seeks, from March 2, 2016, which is the day following the final transaction date, until July 22, 2016, the delivery date of the copy of the application for the instant payment order, and the amount of delay damages by 6% per annum from the day following the day of delivery of the application for the instant payment order, to June 24, 2016.

3. The plaintiff's claim against the defendants is justified.

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