logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2015.11.19 2014가단36072
물품대금
Text

1. The Defendants jointly share KRW 18,055,00 with respect to the Plaintiff and the period from February 1, 2013 to February 10, 2015.

Reasons

1. Occurrence of an obligation to pay the price for goods;

A. The facts of recognition are as follows: (a) Defendant C’s son, who is difficult on November 15, 2010, was the representative of Defendant C and was allowed by Defendant C to operate the wholesale and retail business using the name of Defendant B, and (b) Defendant C was allowed to use the deposit account in the name of Defendant B in carrying out the business in question.

Defendant C supplied the Plaintiff with goods, including films, from around 201 to January 2013, 201. As of January 201, 2013, there was a price for the goods unpaid of KRW 18,05,000, and the Plaintiff entered the Defendant B as the counter-party to the transaction.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, Gap's order to submit taxation information on the Seogu Tax Office, reply to the whole pleadings

B. Comprehensively taking account of the above facts of recognition, the Plaintiff was obligated to pay the unpaid goods payment obligation jointly with the Defendant C, as the nominal lender, because the Plaintiff was mistaken for the Defendant B as the business owner according to the external appearance of the business made by the Defendant B.

The Defendants jointly have the obligation to pay 18,05,00 won for the goods unpaid to the Plaintiff, as well as damages for delay calculated at the rate of 5% per annum from February 1, 2013 to February 10, 2015, which is the date following the end of the transaction, as stipulated in the Civil Act, and from the next day to September 30, 2015, as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which is the date on which the copy of the complaint of this case is to be served.

2. Determination as to Defendant B’s defense

A. Defendant B’s defense is only the representative of Defendant B’s business registration, but does not actually engage in wholesale and retail business of agricultural materials (refinites) or not provided goods, such as films, etc. from the Plaintiff, and the party who actually traded goods, such as films, with the Plaintiff, is the Defendant.

arrow