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(영문) 부산지방법원 2018.05.10 2017나43005
물품대금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a company running a manufacturing business and sales business of sirens (referring to the Flange, the intermediate valves connecting pipes, and high-speed cells, etc.). The Defendant is a person who is registered as a merchant engaging in piping materials and retail business in the trade name of “B”.

B. The Plaintiff supplied a siren amounting to KRW 148,955,554 (hereinafter “instant product”) to the Efficienb Co., Ltd., Ltd., the customer of the “B” (hereinafter “Efficib”), as follows:

1) On October 31, 2013, W/NRFS/x 37 et al., 49,595,524 Won 2) on December 31, 2013, 32, other than HUBRF, KRW 55,703,802, and KRW 35,702, Jan. 31, 2014, W/NTRJS/S outside the 6 postrenchers 43,656,28 won [each entry described in subparagraph 1-1 through 3 of the evidence A based on recognition, the fact-finding conducted by this court on the UNNB, the purport of the entire pleadings, the result of the fact-finding conducted by the court, and the purport of the entire pleadings.

2. The parties' assertion

A. Plaintiff 1) In the first place, the Plaintiff received a request from the Defendant operating “B for the supply of the instant goods and supplied the said goods, and only KRW 8,968,071 out of the price paid, and the Defendant is obligated to pay the Plaintiff the price for the goods unpaid (=148,95,54 won - 8,968,071 won) and damages for delay. 2) Preliminaryly, the Defendant is liable to pay the Plaintiff the price for the goods unpaid to the Plaintiff pursuant to Article 24 of the Commercial Act, as the Defendant leased the name of “B” under its business registration.

B. As to Defendant 1’s primary claim, the Defendant only lent the name of “B” to “B” and did not engage in the transaction of the goods of this case with the Plaintiff. 2) As to the conjunctive claim, the Plaintiff knew that the Defendant lent the name of “B” to “B” in its business registration, and thus, the Defendant is not liable to pay the Plaintiff the price of the goods of this case.

3. Determination

A. The facts that the Defendant is the business registration holder of “B” as to the primary claim are as seen earlier, and each of the numbers in the case of “A” or “B” or “B”.

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