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(영문) 부산지방법원 2021.01.15 2020나43692
물품대금
Text

The plaintiff's appeal is dismissed.

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

The purport and purport of the appeal

1. The purport of the claim;

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the G livestock products joint market located in Kimhae-si I as a person in J (J) even among the joint markets of G livestock products located in Kimhae-si.

B. D completed the registration of a business operator for the purpose of livestock product processing business, etc. under the name of “B” on October 1, 2011, and filed a report on the closure of business on May 24, 2015.

(c)

The defendant is a company established on March 3, 2014 for the purpose of manufacturing and distributing livestock products, and C Co., Ltd. is a company established on February 24, 2015 for the purpose of manufacturing and wholesale and retail business.

(d)

D on June 23, 2015, the personal business chain transferred its right to permit meat packaging business to C Co., Ltd.

[Ground for recognition] In without dispute, Gap evidence No. 1, Gap evidence No. 4-1, 2, Gap evidence No. 5, 6, 8, Gap evidence No. 13-1, 2, Eul evidence No. 2-1, 2, and Eul's evidence No. 3-1, 3-1, 5, 5, 6, and 8, and the purport of the whole pleadings

2. The parties' assertion

A. On March 5, 2014, the Plaintiff entered into an agreement with the Defendant on credit transactions in the form of receiving a successful bid for livestock products under the name of the person designated by the Defendant. From around that time to March 4, 2015, the Plaintiff supplied livestock products to the Defendant upon a successful bid under the name of “B (representative D)” and supplied them to the Defendant from March 5, 2015 to September 2015. The Plaintiff supplied livestock products to the Defendant upon a successful bid under the name of the Defendant and supplied them to the Defendant from September 2015 to May 29, 2018.

In this regard, the Defendant did not pay KRW 36,159,935 out of the total amount of KRW 1,457,258,248, which was supplied by the Plaintiff by May 29, 2018.

Therefore, the defendant is jointly and severally liable to pay the above amount of KRW 36,159,935 to the plaintiff with C Co., Ltd. who lent the name to the defendant.

B. The summary of the Defendant’s assertion concluded a credit transaction agreement with the Plaintiff on March 5, 2015, and traded from around that time to August 2015, and paid all the goods price during the said transaction period.

Livestock products from plaintiffs after September 2015.

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