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(영문) 인천지방법원 2020.06.04 2019가단20961
물품대금등
Text

1. The plaintiff's primary claim against the defendant C corporation is dismissed.

2. Defendant B is with the Plaintiff KRW 53,617,867.

Reasons

1. As to the primary claim against Defendant C Co., Ltd., the Plaintiff entered into a contract for goods supply that the Plaintiff would supply goods to Defendant B, and the remainder of the price of goods would be KRW 53,617,867, and Defendant B would transfer to the Plaintiff the claim for the goods price of KRW 54,440,367, which the Plaintiff held against the Defendant C Co., Ltd. (hereinafter “Defendant Co.”), and notified the above assignment of claims to the Defendant Co., Ltd, the Defendant Co., Ltd., asserts that the Defendant Co., Ltd is obligated to pay to the Plaintiff, the transferee, the amount of KRW 53,617

It is insufficient to recognize the fact that Defendant B has a claim for the price of goods against the Defendant Company only with the descriptions of evidence Nos. 5 and 6, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the description of evidence No. 1 and the overall purport of the pleadings in the testimony of the witness D, it may be recognized that D has transacted with the defendant company by lending the name of the defendant company, and in light of the period of supply of the goods and the details of the transaction, etc., the defendant company also concluded the goods supply contract with the intention to form a direct contractual relationship with D. Thus, the parties to the above goods supply contract are judged to be D.

Therefore, the plaintiff's primary claim against the defendant company is without merit without examining the remainder.

2. The Plaintiff entered into a contract for the supply of goods with Defendant B (hereinafter “instant goods supply contract”) and entered into between August 2018 and March 2019 with Defendant B with respect to the conjunctive claim against Defendant B, the remainder of the price of the goods remaining after supplying the goods to Defendant B may be recognized by considering the overall purport of the pleadings in the respective descriptions of the evidence Nos. 2, 4, and 5, or there is no dispute between the parties. As such, the Defendant B concluded a contract for the supply of goods under the instant goods supply contract and the Plaintiff as to the price of goods KRW 53,617,867.

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