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(영문) 서울동부지방법원 2015.07.17 2014가단7101
물품대금
Text

1. Defendant B’s KRW 98,426,00 for the Plaintiff and KRW 5% per annum from January 18, 2014 to March 3, 2014.

Reasons

1. Basic facts

A. On September 1, 2009, Defendant B opened a joint business of D (Withdrawal of Lawsuit) and the Suwon-si Hospital E General Hospital (mutual F Hospital) on October 6, 2009, and completed the business registration on October 6, 2009. Defendant C opened a hospital (mutual F Hospital) at the same place on December 16, 2013, completed the business registration on January 15, 2014, and both Defendants are doctors.

B. From January 12, 2010 to January 17, 2014, the Plaintiff supplied F Hospital with a total of KRW 148,426,00,00, and received payment of KRW 50,000 from D and one other on October 17, 2013.

[Reasons for Recognition] Defendant B does not clearly dispute, and as to Defendant C, it is recognized by the respective descriptions of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) Defendant C is obligated to pay the price for the goods to the Plaintiff as the nominal lender of the F Hospital. Defendant C is jointly and severally liable for the payment of the unpaid goods due to the Plaintiff’s failure to pay the total amount of the unpaid goods, since the name of the F Hospital and the entire assets necessary for its business, such as the name and the place of business, etc., from Defendant B and D around December 16, 2013, belong to the mutual name. As such, Defendant C is jointly and severally liable for the payment of the unpaid goods. Defendant C’s assertion is merely a separate business registration from the F Hospital at the place where the F Hospital is located, and not the acquisition of the business of the F Hospital operated by D and one other, but the name of the hospital is not the name of the F Hospital, and thus the name of the hospital is not the mutual continuity.

B. Defendant B did not appear on the date of pleading and does not clearly dispute the Plaintiff’s assertion. Thus, it is deemed that Defendant B led to the confession of the Plaintiff’s assertion under Article 150(3) and (1) of the Civil Procedure Act.

Therefore, Defendant B’s KRW 98,426,00 and the Plaintiff’s service date of the complaint of this case from January 18, 2014 to March 3, 2014 are stipulated under the Civil Act.

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