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1. The defendant's claim for the price of goods against the plaintiff of Suwon District Court 2016Gaso6446 rendered by Sungnam District Court of Gwangju City for the purchase of goods.
Reasons
From January 1, 2016 to February 25, 2016, the Defendant alleged that the food materials were supplied to “C” located in “C,” and that the amount of KRW 9,967,535 was not paid. The Defendant filed a lawsuit for claiming the price of goods against D Co., Ltd. and the Plaintiff, the representative director, who is the business operator of the above restaurant, under this court 2016Ga66. The court decided to recommend performance on April 19, 2016 that the Plaintiff and D shall jointly and severally pay the price of the goods and the delay payment thereof to the Defendant on May 29, 2016. However, although the Plaintiff filed an objection on June 8, 2016, the said company did not have any dispute between the parties.
The defendant asserts that the plaintiff is jointly and severally liable with the above company, the business owner, as the plaintiff directly operated C, and that the defendant is obligated to repay the goods-price obligations, but there is no evidence to recognize that the plaintiff is the actual operator of
If so, compulsory execution by the above decision of performance recommendation shall not be permitted, so it is decided as per Disposition.