(영문) 서울동부지방법원 2017.02.14 2015가단118558

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(영문) 서울동부지방법원 2017.02.14 2015가단118558

물품대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of wholesale and retail business of grains (i.e., rice, miscellaneous grains), wholesale and retail business of food materials, wholesale and retail business of agricultural products, wholesale and retail business of agricultural products, and distribution agency business of food materials.

B. The Plaintiff supplied goods, such as food materials, to four cafeterias in the trade name of “B” [the name store of each department store (hereinafter “sponsing store”), lot department store (hereinafter “sponsing store”), pressure-free shop, and the head office] from September 2014 to February 2015.

C. The Plaintiff issued an electronic tax invoice that was supplied to the above four branches in September 2014, and received the price for goods by issuing an electronic tax invoice that was issued to the person who is supplied with C, and that part of the goods supplied from October 2014 to February 2015, the Plaintiff issued the electronic tax invoice to the person who is supplied with the goods, and sought the payment for the goods to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 9, and 11, and purport of the whole pleadings

2. The parties' assertion

A. From September 2014 to February 18, 2015, the Plaintiff asserted that the cause of the Plaintiff’s claim was not paid KRW 18,852,809, the head office 5,095,57, the name store 8,646,019, and KRW 8,832,100, among the goods supplied by the Plaintiff, among the goods supplied by the Plaintiff.

The defendant is obligated to pay as the operator B the total amount of 41,426,00 won (hereinafter referred to as 100 won) and 6% per annum from February 19, 2015 to the service date of a copy of the complaint, and 15% per annum from the next day to the day of complete payment.

Even if “C,” which is not the Defendant, operated “B”, the Plaintiff did not properly confirm the fact that the Defendant took over the business with the said C, and thus, the Plaintiff was aware that the goods were supplied to the Defendant and taken measures, such as issuing a tax invoice under the name of the Defendant, and the Defendant is jointly and severally liable with the said

B. The defendant's assertion.

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