(영문) 대전지방법원 2020.05.12 2019가단118118

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(영문) 대전지방법원 2020.05.12 2019가단118118

물품대금

Text

1. The Defendant’s KRW 102,576,768 as well as 6% per annum from April 9, 2017 to July 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, with the trade name of “C”, engaged in wholesale and retail business, including cable cables, electrical machinery equipment, etc., supplied electrical appliances, etc. to the Defendant’s husband F, who engages in wholesale and retail business, such as lighting fixtures, electrical equipment, etc. from around 2009 to October 24, 2012, with the trade name of “E” from around 209 to around 24, 201. At the time, the Defendant, while taking charge of the above “E”’s accounting duties, signed as the consignee of the goods each time the Plaintiff was supplied with goods.

B. F closed its business on October 25, 2012, and the Defendant, the F’s spouse, as the same day, completed its business registration in the same category as E, with the trade name of “G” at the same place as “E” in the same day.

C. The Plaintiff continued to supply electrical appliances, etc. to G operated by the Defendant from October 25, 2012 to April 8, 2017, and delivered a transaction statement stating the items, amount, etc. of the supplied goods to the Defendant. The Defendant, upon receipt of the statement, signed as the consignee, and each transaction statement included the outstanding amount in the column of “outpaid amount.”

The outstanding amount is KRW 102,576,768 out of the total amount of goods supplied by the Plaintiff to F(E) and the Defendant(G).

[Ground of recognition] Facts without dispute, Gap 1 through 10 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the outstanding amount of 102,576,768 won and damages for delay.

B. The defendant asserts that he paid all the price of goods supplied by the plaintiff while he operated G, and that the amount receivable claimed by the plaintiff includes the price of goods supplied to E, and that the defendant does not have an obligation to pay it.

However, as recognized earlier, the Defendant completed business registration around October 25, 2012.

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