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(영문) 서울동부지방법원 2019.05.31 2018나2105
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff supplied food materials to “Ecafeteria” operated by the mother-friendly D of high school C (hereinafter “instant restaurant”).

B. Upon D’s request, the Defendant registered as a business operator of the instant restaurant, and reported the closure of business on March 31, 2016.

C. The Plaintiff received a copy of the Defendant’s business registration certificate from D, and issued a tax invoice of KRW 15,25,00 in total, KRW 8,965,00 on November 30, 2015, and KRW 900,00 on the supply price of the above food materials, and KRW 15,25,000 on December 31, 2015 under the Defendant’s name.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, 3, Gap evidence 4, Eul evidence 2, 3, 4, 9, 11, and the purport of the whole pleadings

2. As to the defendant's contractual liability

A. The plaintiff's assertion that the defendant entered into a contract for goods supply with the plaintiff while operating the restaurant of this case and provided food materials from the plaintiff. Thus, the defendant is obligated to pay 15,255,000 won to the plaintiff.

B. We examine whether the Defendant entered into a goods supply contract with the Plaintiff.

The above facts and evidence No. 12-1 and No. 12-2, the testimony of witness D of the first instance court, significant facts in this court, and the following circumstances acknowledged by the overall purport of the pleadings, namely, the Plaintiff supplied food materials to the instant restaurant operated by E-dong C through E-dong C through E-dong C, ② the instant restaurant was registered under the name of the Defendant but it was actually operated by D, ③ the Defendant operated a F Co., Ltd. which is entirely irrelevant to the instant restaurant, ④ the Defendant operated a F Co., Ltd. which is entirely operated before the Plaintiff filed the instant lawsuit, ④ there was no contact or contact with the Defendant, ⑤ the fact that the tax invoice was issued under the name of the Defendant or the goods were paid to the Plaintiff from the Defendant’s account in the name of the Defendant was used in the Defendant’s name after the registration of business under the name of the Defendant, and the fact that No. 2-1, No. 2, 3, and A. 3.

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