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(영문) 전주지방법원 2017.08.30 2017가단3217
물품대금
Text

1. The Plaintiff, Defendant A, Defendant A, and Defendant B, Defendant B, KRW 21,128,50, and each of the above amounts from October 22, 2016.

Reasons

1. Facts of recognition;

A. From 2007, the Plaintiff supplied showers, etc. to Defendant C operated by Defendant B.

B. On February 4, 2015, Defendant A completed the registration of the business concerning the wholesale and retail business of the sanitary machine with the trade name of “E” on the location of the business location D and 1st floor in Yeongdeungpo-gu, Young-si.

C. From March 6, 2015 to October 21, 2016, the Plaintiff supplied showers, etc. to E., and received goods payment from the Defendant from September 11, 2015 to October 21, 2016. The details of the transaction list issued by the Plaintiff are as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7, Eul evidence Nos. 1, 2 and 3 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the goods were supplied to Defendant B, operated by Defendant B, and Defendant A continued to supply goods to E after its business registration.

Defendant B used the name of Defendant A’s father to be the representative of Party E, and actually operated Party E. Defendant A, with the knowledge that the Plaintiff was a continuous transaction in the column of the acquirer of the transaction specification sheet, which includes the goods supplied to Defendant B, and approved the Defendant B’s obligation to pay the goods price supplied to the Defendant B. As such, the Defendants jointly liable to pay the Plaintiff the unpaid goods price of KRW 41,418,500, and damages for delay.

B. Defendant A’s assertion 1) Defendant A supplied goods from the Plaintiff after completing business registration on February 4, 2015, and thus, Defendant A was not liable for the obligation to pay for the goods supplied by the Plaintiff to C. In addition, Defendant A was supplied with KRW 13,57,650 from the Plaintiff and paid KRW 7 million with the price for the goods, and Defendant B was obligated to pay only the remainder of KRW 6,557,650 as the price for the goods. Defendant B’s assertion that the goods were supplied from the Plaintiff since February 2015, Defendant B was supplied with the wholesale and retail business in the name of the Plaintiff.

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