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(영문) 서울서부지방법원 2015.07.16 2014가단227532
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 11, 2011, the business registration under the name of the defendant who is named as Gangseo-gu Seoul Metropolitan Government B (1st floor), and the business registration under the name of the defendant was completed, and on December 24, 2012, the business registration under the name of the defendant was completed as “D”.

B. From January 29, 2013 to June 18, 2014, the Plaintiff supplied fishery products to the above “D” restaurant, and did not receive KRW 25,591,100, out of the amount of the goods.

C. On February 28, 2013, the sub-lease contract was prepared between the Defendant and E as “no security deposit: monthly rent of KRW 3,000,000, and contract period: from February 28, 2013 to February 27, 2015” with respect to the stores located in Gangseo-gu Seoul Metropolitan Government B, and the Defendant and E were certified by the notary public from the Han River Law Firm August 9, 2013 as to the said sub-lease contract.

[Grounds for Recognition: Evidence No. 1-2, Evidence No. 2, Evidence No. 2, Evidence No. 2, Evidence No. 2, and the purport of the whole pleadings]

2. On the other hand, the Plaintiff asserts that the Defendant, as a trading party or as a nominal holder under Article 24 of the Commercial Act, is obligated to pay the goods price of KRW 25,591,100, and damages for delay as stated in the purport of the claim against the Plaintiff. Thus, in light of the records of evidence Nos. 3, 14, and witness E and F’s testimony, the Plaintiff concluded a fishery products supply contract with E knowing E as a business owner. Thus, the Plaintiff’s assertion on the other premise is without merit.

3. The plaintiff's claim of this case is dismissed as it is without merit.

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