logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.26 2016가단78951
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates an enterprise that makes Myeongin, etc. with the trade name “E” in Daegu as its materials.

나. 피고 B은 1999. 4. 2.부터 ‘F’라는 상호로 서울 종로구 G에서 ‘사류(絲類)’ 도ㆍ소매업을 하던 사람이고, 피고 C는 피고 B의 전 남편으로서 ‘F’라는 상호로 1978. 3. 4.부터 1994. 12. 31.까지 서울 종로구 H건물에서 ‘사/방직용 기타 사류/어망’ 등에 대하여 도ㆍ소매업을 하였다.

Defendant D worked as an employee in the above F, operated by Defendant C, and operated the above F in the Jongno-gu Seoul Jongno-gu H building from January 1, 1995 to around 199.

C. On June 20, 1997, the Plaintiff filed a lawsuit against Defendant C with the Daegu District Court 97Gahap15412 for the claim amounting to KRW 158,300,000 (hereinafter “related lawsuit”), but dismissed the complaint on September 1, 1997.

Meanwhile, from the date of 2015, the Plaintiff maintained the transaction relationship with F in the name of Defendant B.

[Ground of recognition] without any dispute, Gap's 1, 2, Gap's 7-1 to 7, Gap's 8-5, Eul's 3 and 4, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff 1) supplied Naslon, etc. equivalent to the sum of KRW 186,294,320 to F, which was operated by the defendant C from September 1995 to 197, but had not been paid the price of the goods, the plaintiff was requested by the defendant C to postpone the payment of the price of the goods until the financial institution was fully supported by the financial institution. Since around 1997, the defendant C and the defendant D, who was the representative B and the former nominal owner of the F, who was the actual management of F, as the defendant C and the former nominal owner, were jointly and severally liable to pay the above amount to the plaintiff. 2) The defendants alleged by the defendant B and C, as alleged by the plaintiff, have been the goods for the period of time when the plaintiff asserted.

arrow