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(영문) 청주지방법원 2016.06.22 2015가단21103
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In fact, the Plaintiff is a legal entity that sells the automobile accessories, and C (which is mutually changed to D) is a personal business entity that was supplied with automobile accessories from around 2009 to the end of 2015 by the Plaintiff.

From around 2009, Defendant A was registered as a business entity of Defendant C, and around July 28, 2014, the name of Defendant B was changed to D while the name of Defendant B was changed to D.

The supply price of automobile accessories that the Plaintiff did not receive until the end of 2015 is 25,306,525 won.

[Recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion C’s name of business operator was Defendant A, and D’s name of business operator was Defendant B.

Since the Defendants were actual operators, and Defendant B used the trade name used by Defendant A, the Defendants are jointly and severally liable to pay the motor vehicle accessories in accordance with Article 42 of the Commercial Act.

B. Although the Defendant’s assertion C and D’s business registration name was the Defendants, the actual operator was Defendant A’s former husband, and the fact that E was the actual operator was aware of all of the business partners including the Plaintiff, and thus, the Plaintiff should claim the supply price to E, which is not the Defendants, in accordance with Article 24 of the Commercial Act.

C. (1) In full view of the relevant facts set forth in Eul evidence Nos. 1 through 3, witness F, and G testimony, from around 2009 to the entire purport of the pleadings, Eul operated the name of Defendant Eul in the name of his former domicile. Since July 2014, the trade name was changed to D and operated in the name of Defendant Eul, and there was a case where payment was obstructed by the transaction partner, but in this case, the transaction partner was found to be the above industrial company, and the transaction partner asked for delivery or payment to E or vice president, and returned to the company. The Plaintiff’s employee and representative director found the above industrial company and demanded payment to the Defendants.

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