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(영문) 대전지방법원 2017.03.16 2015가단40019
물품대금
Text

1. The plaintiff's supplementary intervenor's application for participation shall be dismissed.

2. The defendant (appointed party) and the remaining designated parties.

Reasons

Basic Facts

A. The Plaintiff runs the wholesale business of freezing food with the trade name “D”.

Around November 19, 2010, the remaining designated parties (hereinafter referred to as “appointed parties”) of the Defendant (hereinafter referred to as “Defendant”) (hereinafter referred to as “Defendant”) registered the business of food material service business, etc. on the trade name of “E” (hereinafter referred to as “E”), but closed business around May 31, 2014, and the Defendant registered the business of food material retail business, etc. on the trade name of “F” (hereinafter referred to as “F”) around December 1, 2013.

B. On November 201, 2010, the Plaintiff’s Intervenor (hereinafter “ Intervenor”) entered into a contract for the supply of goods with the content that the Intervenor would supply freezing food, etc. to the designated parties (hereinafter “instant contract for the supply of goods”). The Defendant jointly and severally guaranteed the Defendant’s obligation for the payment for the goods to the Intervenor.

Accordingly, the intervenor supplied the above goods to the designated party. After September 2013, the plaintiff succeeded to the status of the intervenor under the contract for the supply of the goods of this case, and the designated party and the defendant consented thereto.

(hereinafter) Goods supplied by the Intervenor under the instant goods supply contract shall be deemed to have been supplied by the Plaintiff.

The Defendant, around March 31, 2014, known that the business owner supplied goods to the Plaintiff as of April 1, 2014 changed from E to F.

From April 1, 2014, the Plaintiff also provided goods under the instant commodity supply contract to F in the future, and supplied the said goods to the Defendant by January 30, 2015.

Meanwhile, among the total amount of goods supplied by the Plaintiff to E until March 31, 2014, the amount of debt not paid until the time was totaled KRW 76,29,090.

(hereinafter referred to as “E’s obligation for the purchase of goods for the future supplied by the Plaintiff,” and the obligation for the purchase of goods for the future supplied by the Plaintiff to F is “F’s obligation for the purchase of goods” [based on recognition].

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